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HomeMy WebLinkAboutAgenda - 03-05-1997 - 7b 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 5, 1997 Action Agenda Item No. SUBJECT: Public Hearing - 1997 Legislative Agenda DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/1S) BUDGET AMENDMENT: (Y/1) ATTACHMENT(S): INFORMATION CONTACT: Potential County Legislative Issues Bill Crowther, Chair Potential Municipal Legislative Issues 732-6886 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To receive comments from the public and discuss issues that the Board may want to include in their 1997 General Assembly legislative agenda. BACKGROUND: At their February 18 meeting,the Board of Commissioners decided to conduct a public hearing on issues that might be included in an Orange County legislative agenda for the 1997 Session of the North Carolina General Assembly. The intended process is to a) solicit and receive citizen comments;b)deliberate about legislative issues that should be included; c)provide direction to the County Attorney to draft prospective legislation; d) formally consider and approve the County's legislative agenda at the March 18 meeting: and e)direct the County Attorney to transmit the County's legislative agenda to the Orange County legislative delegation prior to the March 27 deadline for introduction of local bills before the 1997 General Assembly. Items advertised for this public hearing are identified in the list found at page 2 of this abstract. Item 8 on this list has been forwarded by Commissioner Brown for consideration(see background at page 3). The Human Relations Commission has provided a revised recommendation(page 4) concerning the approach to Item 3 on the Board of Commissioners' list of potential legislative issues. Additional background information concerning Item 6 on the list is included at pages 5-16. Copies of legislative issues being considered by the governing boards of Orange County's municipalities accompany this agenda abstract as additional background information(Carrboro - pages 17-21; Chapel Hill -pages 22-29; Hillsborough-pages 30-41). RECOMMENDATION(S): The Manager recommends that the Board conduct the public hearing and provide direction to the Manager and Attorney concerning the development of the Board's legislative agenda for further consideration at the March 18 meeting. • , t I 4C� II Y a itrl � •4 Rb.;F: t T TOT OT fb ir In d 1 },r't7� �Cmk Y 2 5 1 3 Item for Legislative Agenda: REPEAL or MODIFY NC GS 143-465 (d) which preempts local jurIsdi4tidns form adopting ordinances regulating pesticides. --This section was adopted as S-3$a in 1995. . --Joe Hackney and others worked. hard to try to allow an eerg0on from the preemption for posting of lawn care applications for hich there is no state requirement (local ordinances would not duplicate s ate requirements). --The Golf Course Ordinance Review Committee, which inc uded majority of members from the golf industry proposed limited posting pf pesticide applications to alert golfers and Incentives to use the imo�' t environmentally friendly pest management methods. These prollisi ons were 'purged' by the County Attorney as in conflict with the stae preemption, 4 HUMAN RELATIONS COMMISSION ORANGE COUNTY NORTH CAROLINA MEMO TO: Bill Crowther, Chair Orange County Board of Commissioners FROM: Quinton Baker, Chair Human Relations Commission DATE: 2/27/97 RE: Public Hearing on Proposed Legislation Thank you for your note acknowledging receipt of the Human Relations Commission's definition of sexual orientation, and the HRC's efforts in this regard. However, since the HRC's approval of a definition for sexual orientation, and in a continuing effort to make sure that the Human Relations Commission developed the best possible understanding and recommendations on this issue, I have learned that a clinical definition of sexual orientation does include those behaviors, such as pedophilia, that the Commission purposefully did not include in its definition. Based on this new information, I have met with the HRC executive committee, and received their unanimous support, to convey to the Board of County Commissioners our recommendation that enabling legislation be requested from the General Assembly that would extend prohibition of discrimination in employment, housing and public accommodations to include on the basis of heterosexuality, homosexuality, or bi-sexuality, and extend the the prohibition of language and/or conduct directed at an individual or at a group of individuals because of that individual's or group of individual's actual or perceived heterosexuality, homosexuality, or bi-sexuality which communicates in a threatening manner words that incite imminent lawless action or which tend to incite an immediate breach of the peace. The Human Relations Commission executive committee now believes that this approach, rather than trying to define sexual orientation, may be the clearest and most effective way to seek broader protection for these persons. I will be sharing a copy of this memo with all the HRC members and asking them to let me know immediately of any concerns or questions that they may have. I will be at the Public Hearing on March 5 to speak on behalf of the Human Relations Commission support for legislation to include these bases in the Orange County Civil Rights Ordinance, and hope to be joined by other Commission members. Please let me know if you have any questions or concerns about this recommendation. cc: County Commissioners Human Relations Commission members John Link Rod Visser Albert Kittrell Geoff Gledhill 110 SOUTH CHURTON STREET, HILLSBOROUGH, NORTH CAROLINA 27278 Mailina Address: P-0. Roy 8181 -Telenhone- 919-967-9251/732-8181. ext.2250-FAX: 919-6443048 S COUNTY OF ORANGE ALCOHOLIC BEVERAGE CONTROL BOARD 122 HIGHWAY 70 EAST HILLSBOROUGH, NORTH CAROLINA 27278 919-732-3432 Board Members FAX: 919-732-5829 DAVID CALDWELL PAUL R.WILLIAMS.Chair JAN PINNEY BILL THORPE.Vice Chair HATTlE VANHOOK HOWARD PEARSON,Gen.Mgr. April 10, 1996 Mr. Moses Carey, Chairman Orange County Commission 109 Court Street Hillsbourough, H. C. 27278 Dear Mr. Carey: On April 3, 1 received the enclosed proposal from Joe Wall, Executive Director of N. C. Association of ABC Boards. The proposal is an initiative by the Wayne County ABC Board for passage of legislation to restructure the state excise taxes as it is related to beer, wine and spirituous liquor. The. material is self explanatory so I won't repeat what it has to say. To sum up the redistribution proposal, the local ABC Boards feel that the surcharge we pay to the State Commission (S. 60 per case) which provides. for -their annual operating budget should be shared by the beer and wine industries. Currently, the surcharge paid by local Boards provides for 100% funding of the State ABC Commission. Eighty five percent of the work load performed by the State Commission is related to regulating the beer and wine industries; for this they contribute nothing. As stated in the proposal, the local Boards were asked to seek the support of County Commissioners and local legislators. This proposal was discussed at the Orange County ABC Board meeting held April 9, 1996. The ABC Board unanimously ageed to draft a letter to the N. C. Association of ABC Boards stating our support for this effort. However, due to the time contraints mentioned in the proposal and the fact that it is the short session of the upcoming legislature, we have chosen to mail this material to you and ask for your support. Perhaps, if the County Commission is so inclined, a letter from the Commission to the N. C. Association of ABC Boards and the local legislators could be effective. If you have any questions, please feel free to contact me. Sincerely/,` Howard Pearson, General Manager ✓ NORTH CAROLINA ASSOCIATION OF ABC BOARDS Post Office Box 2021 Raleigh, N. C. 27602 (919) 831-4463 To: Local County and Municipal ABC Boards From: Joe Wall, Executive Director, N.C. Association of ABC Boards Date: April 1, 1996 Re: Alcohol Excise Tax Redistribution Proposal At the Association's Winter Meeting in Pinehurst last month, the enclosed proposal was presented by he Wayne County ABC Board to the Association's Board of Directors. The proposal calls for the passage of legislation to redistribute the 2$% alcohol excise tax in a manner that would provide additional revenue to the local ABC boards. The proposal also calls for making up the lost revenue to the State by increasing the tax on beer and wine. The Board of Directors directed that the proposal be mailed to the local ABC boards for their review and comment. Please let me have your comments as soon as possible. POINTS OF INTEREST BAILJ4ENT (85� pen ca4e) Pays conttactoAz 6c,% .6tcAiAg and deZivv. ing Ziquo,% to Zocat ABC BoaAd.6. BAILMENT SURCHARGE (b 0W pex cad e) : Pay.6 6o,% the annuaZ opeAating budget o6 the State ABC Commizzion. EXCISE TAX (11.11) : Local ABC Board pays on a $8.50 bottZe o6 ZiquoA. BEER S WINE PERMITS: Are izzued Sox Zi6e and are not requited to be renewed every yeax, a4 ABC peAmit-z are. (Mown-Bagging, Spez_iax. Occ".6ion, Mixed BeveAage) . 18% Retained 6,%om the 28% Excize Tax , wou.Zd be tAan,66vcAed in the p&eviouz 6oAmuta into the Zo=Z board marsh-up aZong with the $25, 000. 00 that i.6 retained 6,tom the State ABC Commi4.6ion Budget. The pr ice on a bottZe o6 .liquor would not change. 140 STATE EXCISE INCREASE ON BEER S WINE SINCE 1969. Loc,at ABC BoaAdA have comptetety 6unded the State Commis.6ion ( 1.8 m annum) Budget Aince 1982. WfLiZe 85t o6 the State CommZ4.4_1_'on ,6 wo)LkZoad iA in the aAeaA o6 been and wine. The pwtpoze jo)L the eAtabtizhment: o6 the tocat option ABC System in L935 wad to provide a source o6 revenue Son ZocaZ government. 8 STATUES OF INTEREST 18B-208 ABC Commi,.da.i.an BondA and Fund,& A. Spec,i.aZ Fund - AU monies deni,ved 6xom the coZZecti.on o6 Bailment Su/LchaAgu and Baitmen.t -shaZZ be depozited in the ABC Comr»izz ion Fund. B. ABC Comm.izz ion Budget 1994-1995 1, &07, 174. 00 Centi6ied 1,913,035.00 Authoxi.zed 105-113-80 Excise Taxes on been, wine and . ,i.quon 105-113-82 U.catnibution of pant oA Been and wine Taxeb 188-805 O.c,attibuti.on of Revenue A. W onh,ing caps to Z. NORTH CAROLINA ABC COMMISSION ROLES T04:02R.0902 Maintenance oA wo rking cap c tat Al Wo tking capita e 9 SUGGESTED PRESENTATION FOR 28% EXCISE TAX REDISTRIBUTION PROPOSAL STEP 1: Call a Special Meeting with local ABC Board Members A. Use attached briefing on the "Alcohol Excise Tax" to explain this proposal. B. Emphasize: state & local governments, as well as the individual ABC Boards will benefit through increased revenues. C. Seek commitment from the local ABC Board to support this proposal . D. Send a short response to the Executive Director of the North Carolina Association of ABC Boards stating your views on this proposal. E. If you concur with this proposal, it is imperative to gain the support of your local legislators. As soon as possible, you should discuss this proposal with your County Commissioners and City Managers. STEP 2: Call a Special Meeting with the County Commissioners, local legislators, and City Managers A. Use attached briefing on the "Alcohol Excise Tax" to explain this proposal. B. Emphasize: state & local governments, as well as the individual ABC Boards will benefit through increased revenues. C. Seek commitment from the County Commissioners, City Managers and local legislators to support this proposal. D. Request the local legislators provide a letter to your local ABC Board stating their support and/or recommendations regarding this proposal. STEP 3: It is our desire to present this proposal to the May 13, 1996 meeting of the State Legislature. Therefore it is criticial we receive your letters as soon as possible, but not later than April 15, 1996. 1� ALCOHOL EXCISE TAX A REDISTRIBUTION PROPOSAL GOOD MORNING, I WOULD LIKE TO TAKE A FEW MINU'T'ES TO DISCUSS A PROPOSAL THAT HAS BEEN RECOMMENDED BYTES V✓AYNE COUNTY ABC BOARD. THEY BELIEVE THIS PROPOSAL HAS GREAT MERIT AND WILL BENEFIT NOT ONLY ALL LOCAL ABC BOARDS, BUT ALSO THE STATE & COiJNTY. I AGREE! PD LIKE TO TAKE A FEW MOMENTS TO EXPLAIN. IF YOU HAVE QUESTIONS, PLEASE ASK THEM AT ANY TIME THROUGHOUT THE PRESENTATION. NEXT SLIDE. 11 1 i B��IEFI�'�G OVERVIEW ► HISTORICAL BACKGROUND ► CURRENT SITUATION ► PROPOSED LEGISLATIVE I CHANCE ► SUMMARY I FIRST, WELL QUICKLY REVIEW THE HISTORICAL BACKGROUND, SO WE ALL UNDERSTAND HOW WE GOT TO WHERE WE ARE. SECOND, I'LL SHOW YOU THE CURRENT SITUATION, IN TERMS OF SALES AND REVENUES FOR TWO CATEGORIES OF ALCOHOL - LIQUOR AND BEER& WINE. THEN, WELL DISCUSS A BETTER WAY TO TAX BOTH CATEGORIES AND: FINALLY, I'LL SU bAARIZE AND TRY TO ANSWER ANY QUESTIONS YOU MAY HAVE. NEXT SLIDE - HISTORICAL PERSPECTIVE o- 193 9 - Origination of Excise Tax • Philosophy • Amount o- 1975 - Limiting Proviso Deleted o- 1982 - Bailment Surcharge • Purpose • Amount THE PURPOSE FOR THE ESTABLISHMENT OF THE LOCAL OPTION ABC SYSTEM IN 1935 WAS TO PROVIDE A SOURCE OF REVENUE FOR LOCAL GOVERNMENT. 1939: FIRST EXCISE TAX PLACED ON LIQUOR. 8.5%-WITH A PROVISO THAT THE STATE WOULD TAKE NO MORE THAN 12 OF THE NET PROFITS GENERATED BY ABC STORES. 1975: THE STATE CONSOLIDATED VARIOUS TAXES INTO AN-EXCISE TAX OF 22.5%. AT THIS POINT,THE LRAITING PROVISO WAS DELETED. 1978: LIQUOR BY-THF-DRINK SURCHARGE OF$10/GALLON. DISTR[BUTTON WAS $9.00 TO LOCAL GOVERNMENTS AND$1.00 TO THE STATE. 1982: BAILMENT SURCHARGE OF$0.66/CASE ADDED TO FINANCE THE BUILDING OF THE LIQUOR WAREHOUSE AND THE STATE ABC COMMISSIONS OFFICES, AND TO FUND THE STATE ABC COMMISSION'S OPERATING BUDGET. 1983: BAILMENT SURCHARGE INCREASED BY S1.04/CASE TO FUND THE BUDGET OF THE ALCOHOL LAW ENFORCEMENT DIVISION OF THE DEPT OF CRIME CONTROL AND PUBLIC SAFETY. 1987: STATE EXCISE TAX INCREASED FROM 22.5%TO 28% BAILMENT SURCHARGE DECREASED $1.07/CASE. ALE BUDGET TRANSFERRED TO GENERAL FUND. BAILMENT SURCHARGE TO$0.66, PER CASE. 13 1995 - THE SITUATION TODAY LIQUOR - STATUS REPORT • ANNUAL SALES - $358 MII,LION • STATE REVENUE - $73 MILLION ► BEER & WINE - STATUS � REPORT • ANNUAL SALES - $1 .25 BILLION • STATE REVENUE - $78 MILLION TO SIMPLIFY THE DATA: WIIILL,E LIQUOR IS TAXED AT 28%, BEER IS TAXED ONLY AT $0.045/BOTTLE OR 5.7% (AT APPROX $0.79/BOTTLE) AND WINE IS TAXED AT $021/LITER OR 2.3% (BASED ON AN AVG RETAIL PRICE OF $9.00/LITER) � 14 PROPOSED REDISTRIBUTION ► LIQUOR - DECREASE EXCISE TAX ► WINE & BEER - INCREASE EXCISE TAX ► ANNUAL ALCOHOL PERMIT AS YOU CAN SEE, THERE ARE THREE RECOMMENDATIONS. THE NEXT CHART WILL EXPLAIN THE DETAILS OF THE PROPOSAL. ` ^ ' | ^ ' . � SUGGESTED EXCISE TAX REDISTRIBUTION ^ . | County State Wayne . Increase mueuue Now Proposed Decrease Now Proposed Decrease Reduce Liquor Excise Tax 28% 71.000.000 10% 25,357,143 -45,642,857 710.008 (1) 253.571 (2) -458.428 | Eliminate Bailment 1,80X0,000 O -1.800000 U 25�000 (3) 25.080 / Profit on Liquor O O 250000 /4\ 706.428 (5) 456.420 80 Excise on Beer Can/Bottle 203,162 A \ 203,162 O �4.0UO.0UU 94.080.080 U ABC Commission Budget U 2,000,000 2800000 96,000,000 96,000,000 60 Excise Wine Bottle 0 2.817.246 2.617.246 U 27.458 (7) 27.458 Fees From Renewable Permits 2.325.725 5.247.500 2.921.775 75.125.725 129221.889 54.886.184 880.000 1.215,620 255.820 (1) State Excise Tax"Nom/ times 196 (2) State Excise Tax times 1% (3) Bailment Surcharge retained (4) Current Profit from sales (5) Projected PnfituvdhreducadExcismTuxes (6) Projected return of ExchseTax from increase in Beer Tax (7) Projected return of Excise Tax from increase in Wine Tax °23,75% is distributed back tolocalities °~ G296unfod|hed & 22% fortified collections distributed back tulocalities +^ Revised 3/18/86 = 16 SUMNLALRY IS THIS A STMART PROPOSAL - YES, BECAU=- ► MORE EQUITABLE ► ABC BOARDS BENEFIT ► INCREASED STATE/COUNTY REVENUES MORE EQUITABLE: NO STATE EXCISE TAX INCREASE ON BEER& WINE SINCE 1969. AS LAST TWO SLIDES DEMONSTRATE, GROSS DISPARITY IN TAX RATE CURRENTLY EXISTS. SINCE 1982 LOCAL ABC BOARDS HAVE COMPLETELY FUNDED THE STATE ABC COMMISSION ($1.8M ANNUAL) WHILE 85% OF STATE COMMISSIONS WORKLOAD IS IN THE AREAS OF BEER AND WINE. LOCAL ABC BOARDS BENEFIT: 50%DECREASE IN EXCISE TAX WILL BE USED TO FUND MUCH NEEDED STORE CONSTRUCTION,EQUIPMENT REPLACEMENT, AND OTHER CAPITAL IMPROVEMENTS. EXCESS DOLLARS WILL GO TO COUNTY DISTRIBUTION ON A SEMI-ANNUAL BASIS. INCREASE STATE & COUNTY REVENUES: UNDER THIS PROPOSAL, STATE REVENUES WILL INCREASE> 61% WHILE THE COUNTIES WILL REALIZE AN INCREASE OF>27%. THIS IS CLEARLY A WIN-WIN PROPOSAL FOR THE STATE AND LOCAL GOVERNMENTS. HOWEVER, IT IS OBVIOUS THAT THE COST WILL BE BORN BY THE BEER AND WINE INDUSTRY. THERE IS NO DOUBT THEY WILL GENERATE CONSIDERABLE ENERGY TO STOP ANY LEGISLATION OF THIS NATURE. I BELIEVE WE HAVE DEMONSTRATED A FAIR AND EQUITABLE SOLUTION TO A DIFFICULT SITUATION. I HOPE WE CAN COUNT ON YOUR SUPPORT. SUBJECT TO YOUR QUESTIONS, THIS CONCLUDES MY PRESENTATION. THANK YOU. _ _. rJ�f ::4i 1 77 r i.J: 1.1 71 7 7GJ r r >r I uWly ur V-if[ItDUt'C.l_ 17 BOARD OF ALDERMEN ITEM NO. AGENDA ITEM ABSTRACT MEETING DATE: February 25, 1997 SUBJECT: Discussion of Town's Request for Special Legislation DEPARTMENT: a/a PUBLIC NEARING: YES NO x ATTACIlMENTS: Memoranda from Mike FOR INFORMATION CONTACT: Mike Brough dated 12/19196 and 2118197 Brougb, 929-3"S The purpose of this item is to allow the Board to consider whether the Board wishes to request special legislation to: (1)clarify the voting requirements for the board of adjustment; (2)authorize the town to require sprinkler systems in certain circumstances, and(3)authorize the Board to submit questions to a public referendum. SLMQMY Two memoranda by the town attorney that explain the purpose, intent, and eMct of the tree proposed charter amendments are attached. ACTION REQUESTED The administration requests that the Board consider and give direction to the town attorney on whether the town's legislative delegation should be requested to sponsor special legislation similar to the attached drafts. 132/2411997 15: 11 9199687737 TOWN OF 1-ARRBOR0 18 MICWuIEL B. BROM i ASSOCIATES IEMORANDUM TO: Mayor and Board of Aldermen FROM: Michael B. Brough AW DATE: December 19, 1996 RE: Special Legislation As the Board is aware, the "long session" of the General Assembly will begin in January, with an expected deadline for the introduction of local bills sometime in mid March. In considering the possibility of local legislation for the Town of Carrboro, three matters have come to my attention, and I have drafted the attached bill to deal with two of them. First, the Town Charter presently requires that a quorum consisting of at least six members must be present before the Board of Adjustment can act. The land use ordinance, however, only requires a quorum of four members. To resolve this conflict, I suggest that the charter be amended to eliminate the mandatory quorum of six members, and the attached draft accomplishes this result. Second, the administration has requested that I prepare a draft of a charter amendment that would authorize the Town to adopt an ordinance requiring sprinklers to be established in newly constructed multi-family residences. The existing Town charter already authorizes the Town to require sprinklers in buildings in excess of 50' in height, non-residential buildings in excess of 5,000 square feet, and non-residential buildings used for assembly occupancies. However, the charter does not contain authority to require that multi-family residences that do not exceed 501 in height be equipped with sprinkler systems. The attached amendment provides this authority. Finally, under separate cover we are sending the Board a memo dealing with the Issue of inclusionary zoning. Depending upon what the Board's response is to this issue, special legislation may be necessary. I would be happy to respond to any questions the Board may have about any of these matters and to draft any other special legislation that the Board may request. Carr-t8.nwa 02/24/1997 15: 11 9199687737 TOWN OF CHRRBORO 19 A BILL TO BE ENTITLED AN ACT TO AMEND THE CARRBORO TORN CHARTER The General Assembly Of North Carolina enacts: Section 1. Section 9-3 of the Carrboro Town charter Chapter 476 of the 1987 Session Laws, is amended to read as follows: Section 9-3. Zoning Board of Ad ustment. The board of aldermen may create a board of adjustment in accordance with the provisions of Article 19 of Chapter 160A of the General Statutes. Such board shall be subject to all the provisions of general law except that the board of aldermen may authorize the board of adjustment to decide any matter before it either (i) upon a vote of a majority Of the members present at a meeting and not excused from voting, so long as a quorum is present, or (ii) upon a vote of a four-fifths majority of the members present at a meeting and not excused from voting, so long as a quorum is present. Section 2. Section 9-5 of the Carrboro Town Charter, Chapter 476 of the 1987 Session Laws, is amended to read as follows: Section 9-5. Sprinkler Systems. Notwithstanding any provision of the North Carolina State Building Code or any general or local law to the contrary, the board of aldermen may adopt an ordinance requiring that sprinkler systems be installed in all of the following types of buildings constructed within the town or its extraterritorial planning jurisdiction, including the portion of the joint planning area authorized under Chapter 233 of the 1987 Session Laws wherein Carrboro administers the State Building Code: (1) buildings in excess of 50 feet in height; (ii) ail nonresidential buildings, regardless of height; or (iii) residential buildings having three or more dwelling units, regardless of height. An ordinance adopted pursuant to this authority may apply to existing buildings only to the extent and under the circumstances that the provisions of the North Carolina State Building Code apply to preexisting buildings. Section 3. This act shall become effective upon adoption. cnrr-10.ord 02/24/1997 15:11 9199657737 TOWN OF CARRBCRO 20 Memorandum To: Carrboro Mayor and Board of Aldermen From:Michael B:Brough #1/6 Deb: February 18, 2997 Re: Referendum Charter Amendment Putauaa to the Hoard's direction, I have dmAed the attached amendment to the Town Charter to allow the Board to submit to a referendum any question relating to the exercise by ekes Board of its disationary powers,subject to specified exceptions. If the Board approves some version of this draft, it will become section 3 of the town's proposed special legislation. Before drafts this bill. I checked with David Lawrence of the Institute of Govawyient,who told me that,to his knowledge,no other city in the State has this authority, although a few have charter provisions nqw=that certain matters be submitted to a reftnnglum when a petition is filed, and one or two have charter provisions g; the governing body to hold a referambim when a petition is filed. Thus„I had no modal to follow,and so I addressed the issues ffiat occunvd to me as best I could, with the understanding that the Board may well wish to deal with these issues in a dif%rtw fashion. Among the issues raised by this bill are the following. First, should the +results of a refenrtdum be binding? The answer to this affects the way in which several othdx issues are resolved. At first blush, it may app on anomalous to have a referenduan that is not binding. But a binding referendum may raise serious diMcalties,depending on the type of question submitted. For earample, if the question is the passage of an ordinance, then should the referendum, provide that s favorable vote enacts the ordinance without further Board action? And if so, can the oadhwmc ever be amended or repealed without another reftrrendum? And if the question is not the ensctnteat of a specific ordinance or something equally Vic.will there not be room for argument,and potential litigation, over whether the Board's action is consistent with the referendum? By not making the rehmdum binding, this eliminates such issues,or at leant removes them from the judicial to the political arcus Section I The Charter of the Town of Curboro, being Chapter 476, Session Laws of 1967,is hereby amended by adding a new section to read: "Sec. 2-7. Hoard of Aldermen May Call Rwetweada. (a) Subject to the remaining provisions of this section, the Board of Aldermen may submit to a vote of the electorate any question relating to the exercise by the board of its discretionary powers. A decision to submit any question to a refamezdum under this section shall require the affirmative vote of five members of the governing body. A motion to submit a question to a referendum shall contain the precise wording of the question to be submitted. (b) The governing body may not submit to a referendum under this section any question relating to the following: (t) Any ordinance making an appropriation of funds or establishing the amount of any fee or the rate of any tax. However, the governing body may submit a question as to whether the town should make specified major capital expenditures or levy specified types of taxes. (2) Any personnel matter, including without limitation the establishment of eliminatiou of positions or the salaries or compensation of any town officer, employee,or independerxt cones. (3) Any quasi judicial decision of the Board of Aldermen, including with limitation any conditional use permit (4) Any decision establishing or changing the zoning district classification applicable to any property. (c} The results of a referendums shall not be binding upon the governing, body, or any member thereof. (d) A referendum under this section may take place only on the date of a State, county, or municipal regular or special election hold for some other purpose. A resolution calling for a referendum shall be delivered to the Orange County Board of Elections at least 60 days before the date on which the referendum is to take place. (e) The O►aarnge County Board of Elections shall cause legal notice of the election to be published and :hail make all usangeznents for holding such election in accordance with general law,grad the same shall be conducted.returned,and the results thereof declared in all respects as other town elections in the Town of Carrboro. The reasonable costs of such election shall be reimbuned to the Board of Elections by the town. 22 AGENDA Chapel Hill Town Council 7:30 am,Friday,February 28, 1997 Carolina Inn,Alumni Room MEETING WITH THE LEGISLATIVE DELEGATION Representative Joe Hackney Representative Verla Insko Senator Eleanor Kinnaird Senator Howard N. Lee 1. Welcome by Mayor Waldorf. 2. Comments by Representatives Hackney and Insko and Senators Kinnaird and Lee regarding the 1997 legislative session including items of interest to local governments. 3. Comments by the Mayor and Council Members regarding potential legislative requests by the Council and related items; discussion with the legislative delegation. 4. Concluding comments by Mayor Waldorf. Attachments: Background information regarding potential legislative requests NC League of Municipalities' legislative program for 1997 23 TO: Mayor and Town Council FROM: W. Calvin Horton,Town Manager SUBJECT: Background information on potential legislative requests DATE: February 28, 1997 Process and deadlines Before making decisions on the Council's legislative requests,the Council annually holds • an initial public forum to receive citizens' suggestions(on January 29 this year)and • a follow-up public hearing(on February 24 this year)on a list of potential requests. • a meeting with the legislative delegation(February 28). The Council has adopted a process and calendar including consideration of adopting a legislative program on March 3'. The deadlines for legislators to propose local bills in 1997 are • March 27 for submittal by a legislator to the legislative drafting office and • April 3' for introduction of a bill by a legislator. Potential requests in they 1997 session The Council on February 24th held a public hearing on the following potential requests: Gmaal 1. Support greater flexibility for local governments ("home rule)to enact new revenue sources and regulations based on the local community's goals and objectives. Ma=er's comments: The Council has expressed support for the principle of home rule in past years. Fiscal 2. Maintain and if possible increase the State funding to help cover the cost of Town fire protection to the University and UNC Hospitals and of other local governments' and volunteer fire departments' fire protection for State property. 1 24 Manager's comments;Under State legislation, the Town has received about $300,000 annually since 1983 to help cover the cost of fire protection services to the University and UNC Hospitals. The Town's operating costs for the fire protection services to State properties were estimated in 1996 as about $810,000 or 30% of the 1995-96 annual budget. The University and Hospitals have agreed to contribute $300,000 over three years to help pay for fire equipment. 3. Maintain and if possible increase State funds to help offset the continuing reduction in federal transit funding;provide stable funding for regional transit systems. Manager's comments: The continuing reduction and potential future elimination of federal transit funding make it very important for State transit funding to continue and to increase if possible. The Transit 2001 Commission has in part proposed increases in State funding for transit and that localities have additional flexibility to raise revenue for transit. 4. Adopt a State-wide deposit requirement for glass and other recyclable bottles; with revenues allocated for local and State programs in solid waste management including waste reduction and recycling. Manager's comments* The Council has supported "bottle bill" legislation in past years to encourage recycling. 5. Oppose ftuther differentials in retirement benefits for categories of local government employees Manager's comments: Current State law provides greater retirement benefits for some municipal occupational groups than for municipal employees overall. The Council has in the past opposed creating fin-ther differentials in retirement benefits for municipal employees. 6. Authorize the Town to apply impact taxes to development in the Town and to enter into agreements with the County regarding collection of impact taxes on development in the Town's planning jurisdiction. Mama's comments;The Town now has authority to apply development impact fees of various types, but has not done so because of the complexity of calculating and administering impact fees. Authorization of impact taxes would provide a simpler method for helping to recover the Town's estimated service facility costs resulting from new development. 2 25 7. Authorize a 3% tax on prepared food and beverages, with proceeds to be spent on capital facilities which may include entranceway improvements, Streetscape improvements and placing utilities underground. Manager's comments: The Council in 1991 requested and then withdrew a request for authorization of a "meals tax" to generate funds for street and right-of-way improvements in commercial areas of the Town. 8. Authorize the Town to enact an entertainment tax of up to $1 per ticket on large entertainment venues and/or an admissions tax of 3% on tipkets to entertainment events in venues with more than 50 seats; with exemptions authorized for high school events. Manager's comments: The Council has requested authorization for an entertainment tax in past years. If approved, such a tax could generate several hundred thousand dollars annually. The University has opposed an entertainment tax because of concerns about its effect on the Smith Center. 9. Authorize a local real estate transfer tax of up to 1%. Manager's comments: A realty transfer tax could be used for purchase of park land, open space and greenways. Such a use would be consistent with the State's use of real estate transfer revenues for the State's parks and recreation trust fund. The amount of potential annual revenue to the Town from a real estate transfer tax is difficult to estimate without experience and would be subject to fluctuation with economic cycles. 10. Authorize an increase from $15 to$20 in the Town's motor vehicle license tax. Manager's comments: In 1995, the Council increased the motor vehicle license fee from $10 to $15 annually. This fee generates about$325,000 annually. An increase to $20, if authorized, would generate about $108,000 of additional revenue, the equivalent of about one-half cent of the property tax rate. 11. Adjust the State's formula for distributing library funds so that municipal libraries receive funds on the same basis as County and regional libraries. Manager's comments: Current law results in municipal libraries receiving less State funding per capita than county and regional libraries. For 1996-97, the Town received about $28,464 or 0.65 cents per person in Chapel Hill, while the Hyconeechee Regional Library serving Orange, Caswell and Person Counties received $325,396 or $2.78 per person served in the three counties excluding Chapel Hill. (Population data used in these calculations are from the State Library staff.) 3 26 12. Increase the State's grant funding for parks and recreation projects. Manager's comments: Current grant funding from the State is very limited ($5 Million for city and county governments in 1997). 13. Repeal the `maintenance of local effort' requirement in the State's library grant program, or clarify that local funding of a library may be reduced in a given year when the local governing board determines that there is a need to reduce non-essential services due to significant reductions in State-shared revenues, an economic downturn reducing local tax revenues or other reasons determined by the local board. Current State guidelines provide that if there is a reduction in Town funding of the Library: • State library funding is reduced proportionally if the Town's library funding reduction is part of an "equal percentage decrease in the allowed expenditures of all city or county agencies in addition to the library, excluding funding mandated by the state and federal governments." • If the Town's library funding reduction is not part of an equal percentage reduction as defined above,then"all state aid [to the library] may be suspended." Manager's comments: The current maintenance of effort policy reflects some revision by the State Library in 1996. However, we believe the present procedure of reducing State funds proportionally should be fiuther changed give municipalities more flexibility. The present standard involving an equal percentage decrease in funding Town services would be very difficult to meet. We believe that the present guideline does not recognize that a community should be able to budget for essential and non-essential services based on local priorities as determined by the policy makers elected from the community and using citizen participation processes. Zoning and development 14. Oppose any legislative proposal to treat downzoning and more stringent sign regulations as a taking of private property. wager's comments: The Council has expressed this concern in past years. Transportation 15. Authorize the Town to require transportation management plans in new (a) non-residential development with more than 20,000 square feet of floor area, and (b) housing consisting of 25 or more units in common ownership or management; with the condition that such 4 27 residential developments shall receive a reduction in the normally required number of parking spaces and/or, subject to approval by the Council, an increase in allowable density Merger's comments: A Council Member suggested in November that the Council consider seeking broader legislative authority in the area of transportation management plans. 16. Increase State funding for maintenance of State roads in Chapel Hill. Manager's comments: A Council Member added this item in discussion on February 10`h. Housing 17. Authorize the Town to require that residential developments include a percentage of housing designated for low and moderate income families, with an equivalent increase in allowable density of development. Manager's comments: The Council has requested this kind of"inclusionary zoning" authority in the past. The Town now has authority to provide density bonuses only if a developer voluntarily offers to include home for low or moderate income families. 18. Request enactment of a State law ensuring that individual housing condominium unit owners have the right to lease their units to citizens participating in assisted housing programs of public or private entities. Manager's comments: A Council Member added this item in discussion on February loll. Solid Waste 19. Extend the tax on disposal of scrap tires or take equivalent action to help localities which lose money in handling scrap tires. Manager's comments: Some landfills lose money in handling scrap tires because State funding for this service does not fully offset costs. In addition, we believe there shoW be consideration of extending the present tire disposal tax to tires greater than 20 inches in diameter. 20. Clarify that municipalities are authorized to use landfill disposal fees for recycling capital and operating costs. 5 28 Manager's comments: We believe the law should clarify that municipal landfill fees can be used for recycling, waste reduction and reuse programs. Counties already have this authority. 21. Require that the NC Health Service Commission, which oversees landfills, include at least one person with an expert knowledge of solid waste management. Manager's comments: Present law does not require a solid waste management expert to serve on the Commission. The person with solid waste management expertise might be a citizen and would not necessarily be a person in working in a local government in solid waste management. 22. Extend the present tax on disposal of appliances and similar items or adopt an equivalent means of offsetting local governments' losses in processing these items. Manager's comments* Same concern as for item 18. Annexation 23. Oppose changes in annexation laws that would make it more cumbersome for municipalities to annex adjacent areas that met specific definitions in current State law for being urban or forming a logical bridge between urban areas. Manager's comments: We believe that allowing annexation of areas that have become urban and are next to the Town limits is important as a matter of equity to current residents and taxpayers who fund Town services. Town services such as police protection, street maintenance, library, parks and recreation directly or indirectly benefit residents immediately outside the Town limits. In part,we believe that the Town's urban services tend to increase the market value of properties near the Town limits. 24. Oppose pre-emption of local gun control ordinances. MA32='s comments: In 1993, the Council adopted ordinances restricting possession of firearms on public streets, by people in public areas who are intoxicated, etc. We believe these ordinances should not be invalidated by State legislation. 25. Support allowing Orange County to include in its Civil Rights Ordinance a prohibition on discrimination on the basis of sexual orientation (if Orange County requests such authorization for its ordinance). 6 29 Manager's comments: The Council supported such legislation in 1996 subject to the County making a request. 26. Authorize Orange County local governments and utilities to enter into binding long-term water and sewer boundary or interest area agreements (as suggested by OWASA and subject to concurrence in such a request by the other local governments in the County). Manager's comments: OWASA suggested this legislation in 1995 during discussion of County-wide water and sewer boundaries. 27. Provide specific authority for local governments to provide fringe benefits including health insurance with benefits to registered domestic partners of local employees and to domestic partners' dependents. Manager's comments: Such a bill would be intended to clarify the Town's authority to provide these benefits. 7 Town 30 Of 131me 11S gh Received 1734 FEB 211997 February 21, 1997 Managers Office Mr. John Link, County Manager Orange County P O Box 8181 Hillsborough,NC 27278 Dear John: As a member of the NC League of Municipalities, the Town supports the attached 1997 Municipal Legislative Goals and Policy. In particular,the Town Board has gone on record to strongly oppose any changes that would weaken or restrict the current annexation law. We feel that"sound urban development is essential for the continued economic development of North Carolina". As discussed at our meeting on Tuesday, the Town in cooperation with Orange County request that our legislative delegation sponsor a bill to fund the proposed improvements to the park by the New Courthouse. If you have any questions, please contact me. Sincerely, nc Swanson Town Manager cc: Hillsborough Board of Commissioners Horace H. Johnson, Sr.,Mayor 137 North Churton Street + P.O. Box 429 a Hillsborough, North Carolina 27278 919-732-2104 • Fax: 919.732-1028 31 ELM I 1997 Municipal Legislative Coals and Pollcy � North Carolina League of Municipalities N 32 The North Carolina League of Municipalities is a federation of 510 cities, towns and villages, established in 1908 to serve municipal officials and to promote the common interests of member municipalities.The League represents more than 99 percent of the state's municipal population, reflecting common interests. This material highlights the League's major state legislative goals and policy adopted by municipal officials at the NCLM Annual Conference in October, 1996. Municipal officials believe that attainment of these legislative goals will strengthen their ability to meet the needs of their citizens. The League maintains a professional staff and headquarters in Raleigh to serve the needs of municipal officials,conduct its daily affairs and advocate the policies adopted by the membership.The League staff members principally involved in legislative efforts are as follows.Terry A. Henderson,interim executive director,Andrew L. Romanet Jr., general counsel; and Kimberly L. Smith,associate general counsel. We invite members of the General Assembly to consult the League's staff on any matter relating to municipal government and to use the facilities of the Albert Coates Local Government Center,which is owned jointly by the League and the North Carolina Association of County Commissioners. State-Local Partnership North Carolina municipalities traditionally have enjoyed an excellent working relationship with the General Assembly and the executive branch in the implementation and administration of numerous programs and policies.The General Assembly plays a vital role in preserving and strengthening this partnership. The League respectfully requests that this 33 be used as the standard for evaluating the merits of legislation coming before the General Assembly. • Municipal Revenues Preserve local tax structure • 0 As its first priority, the League strongly supports preservation of the current local government tax structure, since it provides stable revenues in a balanced President manner. The League will support modifications Council Member Ella Butler Scarborough, which enhance the ability of municipalities to meet the Charlotte needs of their citizens, but will oppose modifications that do not observe basic tax equity principles or that Fu-st Vice President erode local revenues. Mayor Becky Smothers, High Point Preserve local property tax Second Vice President 0 The property tax is the only major revenue source Mayor Lucius Janes,Wendell subject to the control of elected municipal officials, and thus is the foundation of municipal finance. The Third Vice President League will oppose proposals to abolish the property Mayor David E. Henson, Franklin tax or erosion of the property tax through additional exemptions and preferential classifications in the Immediate Past President Mayor Pro Tern E. H. (Alex) Alexander, property tax base unless otherwise provided by League policy Red Springs Replace revenues fully 0 If revenue sources are repealed, lost revenues must be replaced under a hold harmless formula which will replace revenue to all municipalities on a North Carolina League of Municipalities dollar-for-dollar basis with an adequate growth factor. P.O. Box 3069, Raleigh, NC 27602 The League will seek new revenue sources to replace (919) 715-4000 Fax: (919) 733-9519 repealed and/or reimbursed revenue sources. Equitable distribution of local revenues 0 The League supports the current distribution methods for existing local revenue sources, but will oppose legislation that would distort the distribution of existing revenues and have some municipalities gain revenues at the expense of others. 2 3 34 Local option taxes to meet local needs Municipal Finance Q Municipalities are in need of new revenue sources to offset diminished financial assistance from the federal Flexibility in borrowing government, to meet the tide of expensive state and ❑The Le federal mandates, and to balance the revenues derived ague will support legislation allowing more from the property tax. The League will support flexibility in local government borrowing, such as municipalities that seek local option taxes, such as an special obligation bond financing. occupancy tax, a local income or payroll tax, a prepared meals tax, a real estate transfer tax and an admissions Maintain authority for leaselpurchase tax, the proceeds of which may be used for any public O The League will oppose legislation to restrict the purpose. The League will oppose legislation to current authority of municipalities to secure convert any of these local option taxes into state revenue lease/purchase or installment financing. sources, or to interfere unduly with prior local acts. Technical changes to facilitate bond sales Keep local sales taxes separate ❑The League will support technical changes to the O The League will oppose consolidation of the state Local Government Finance Act to facilitate the sale and local sales taxes. and issuance of duly authorized bonds. State lottery Personnel 0 The League will support a public referendum on a state lottery provided that a fair and reasonable portion of the proceeds are earmarked for capital improvement Local authority on employment decisions needs of municipalities and made available on an ❑The League supports the right of municipal equitable basis. employers to make basic employment decisions, and will oppose any law or regulation which, either directly Surplus property or indirectly, affects municipal employees' salaries, 0 The League will support legislation to authorize benefits or conditions of work,or which adversely the governing body to delegate the decision to declare affects the prerogative of each elected municipal real property or personal property surplus to the governing body to make independent policy and purchasing agent or manager, authorize the governing budgetary decisions regarding municipal employees. body to delegate the authority to the purchasing agent or the manager to accept the lowest responsible bid Maintain law on collective bargaining within appropriated funds or reject the bids that exceed 0 The League will oppose efforts to modify the law the appropriated funds, increase the informal bid limits which prohibits a municipality from recognizing or for supplies and equipment from the current$20,000 entering into contracts with labor unions or other to$30,000 and require state contract vendors to sell to employee organizations. The League will oppose municipalities under the same conditions and price. legislation that tends to strengthen the influence of public employee labor unions, because that is not in the Reasonable regulatory fees public interest. ❑The League will oppose legislation to limit cities' authority to impose fees reasonably related to the cost of local regulatory programs- 4 5 35 Retirement provisions that are in the public interest. The League will not oppose legislation that makes public records available to the general public at reasonable cost, but Equitable retirement benefits the League will oppose legislation to diminish the C1 The League will oppose legislation to provide full proprietary value of records collected in the public retirement benefits for some classes of employees with a interest. Special consideration should be given to minimum length of service less than that required of proprietary rights in commercially valuable information, other employees,or other preferential treatment. The such as geographic information system records. League will oppose legislation to reduce the minimum Utilities length of service required for retirement with full Municipal Utilities benefits. Reasonable cost-of-living increases Local authority to set rates Cl The League will support legislation to provide CI The League will oppose legislation that would reasonable cost-of-living increases for retirees and restrict the authority of municipalities to set fiscal enhanced levels of benefits if they can be funded from operation policies and determine the appropriate rates, actuarial gains in the local retirement system. The fees and service areas for municipal enterprises. League will oppose cost-of-living and benefit level increases that cannot be funded from available actuarial Municipal Liability gains unless specifically authorized by a vote of the membership. Tort liability Open Meetings Cl The League will oppose efforts to abolish or restrict further the governmental immunity of municipalities from tort liability. Reasonable open meetings provisions CI The League supports the principle of openness in General Govemment government and specifically endorses the concept that meetings of governmental bodies should generally be open to the public The League also supports Initiative and referendums reasonable provisions for closed sessions when such ❑The League will oppose legislation imposing upon limitations are in the public interest. The League will municipalities statewide initiative and referendum oppose legislation imposing additional statutory procedures for municipal ordinances, and recall of requirements on municipal governing bodies. The municipal officials. same provisions should apply to all elected state, county and municipal legislative bodies. Terns limits O The League will oppose a constitutional Public Records amendment or legislation that imposes term limits on local elected officials. Access to public records CI The League supports the principle that public Representative democracy records should be available to the public, but the Cl The League supports our existing system of League also supports reasonable confidentiality representative democracy and will'oppoae efforts to 6 7 36 change that system by letting the electorate propose and State assistance to carry out state mandates enact laws without action by their duly elected 0 The League will seek state grants for local representatives, functions or activities which have been mandated by the state, or which have been requested by state agencies Local representation on boards and reviewed and approved by the League Board of 0 The League will seek legislation to provide for Directors. representatives of municipal government on boards and commissions that oversee essential local government activities. Violation of municipal ordinance as infraction 0 The League will seek legislation to allow municipalities the option to designate violations of Economic Development municipal ordinances as infractions in addition to current options. Enhance economic development efforts 0 The League will seek legislation to enhance the Ethics effectiveness of economic development efforts and broaden the authority of municipalities to participate. Support good government ❑The League supports ethics and good government Promote tourism in the State of North Carolina but will oppose O The League will support legislation that will proposals that are unduly burdensome or restrictive, promote tourism in North Carolina and in North and proposals that do not include all elected officials. Carolina's municipalities. Mandates Continue appropriations to lead regional organizations ©The League will support continued state Funding far new mandates appropriations to lead regional organizations (councils 7 The League will seek a proposed constitutional of governments) at current levels for economic amendment, legislation or changes to legislative rules development technical assistance to municipalities and through the Fiscal Trends Study Commission and counties, provided such funding is at the option of local other appropriate channels, that will require full government members. funding or adequate revenue sources for state mandates to local governments. Comprehensive economic development strategy 0 The League will seek development of a Oppose unfunded mandates comprehensive and integrated statewide strategy and ❑The League will oppose legislation imposing policy for economic development that includes the unduly burdensome or expensive mandated appropriate role and responsibility for local requirements on municipalities unless full funding or governments. Local governments shall be provided an adequate new revenue sources are provided for opportunity to fully participate in the development of implementation. such policy. 8 9 37 Grants for capital improvements Regulate licensed alcohol establishments ❑The League will support legislation to establish a ❑The League will seek legislation to enhance program to provide both matching and non-matching municipalities' ability to regulate inappropriate location grants based on ability to pay to municipalities for of licensed alcohol establishments. capital improvements planning to facilitate local economic growth. CDBG n fds rimaril primarily y for housing 0 The League will oppose legislation or Enhance downtown revitalization administrative actions which would alter the current O The League will support legislation which will allocation of federal Community Development Block enhance the effectiveness of downtown revitalization, Grant funds between housing-related purposes provided any measures involving local incentives be (approximately 80%) and economic development offered at the discretion of local governments. (20%). Land Use Planning Annexation Protect municipal zoning authority Protect municipal annexation authority 0 The League acknowledges the constitutional Q The League supports the existing state legislative obligations of government officials to respect private policy that sound urban development is essential for the property rights and urges municipal officials to be continued economic development of North Carolina mindful of those concerns.The League will oppose and supports the existing legislative framework for legislation that unreasonably restricts modification of extending municipal boundaries,which allows areas current zoning or requires municipalities to pay that are urban in character to be municipal and which monetary damages in connection with valid rezoning guarantees provision of essential services to citizens in actions. annexed areas. Municipalities are encouraged to develop annexation policy as part of the planning Regulate outdoor advertising process and to use the authority to annex in a fair and 0 The League will support legislation to clarify and reasonable manner. The League will continue to enhance the authority of municipalities to regulate oppose changes in the law, either statewide or local, outdoor advertising signs, but will oppose legislation which would weaken the present annexation procedures to restrict further the authority of local officials to or restrict annexation authority. The League will regulate outdoor advertising and require removal of oppose new incorporations which are primarily for the purpose of preventing annexation by an existing nonconforming signs by amortization. municipality. Manufactured housing zoning authority ❑The League will oppose additional legislation Review of new incorporations concerning local zoning treatment of manufactured 0 The League will support legislation or rules housing since these decisions are most appropriately changes to require review and recommendation by the made at the local level. In addition, the League urges Joint Commission on Municipal Incorporation before its membership in the strongest possible terms to municipal incorporation proposals are considered by reexamine land use practices to assure compliance with the General Assembly. applicable statutes and case law, and consider allocating more residential land area for manufactured homes based upon local housing needs. 10 11 38 Housing Safe and decent housing D The League will support legislation which will facilitate access to safe and decent housing for all North Wafer and Wastewater Funding Carolina citizens, including appropriations for the Housing Trust Fund and other housing programs and gf transitional housing for homeless persons, and Seeking fu ndin or critical,water and legislation to authorize incentives to developers for wastewater needs providing low and moderate income housing. O The League will seek increased adequate funding from state appropriations and other revenues, to assist Improve or demolish dilapidated buildings with critical municipal water and wastewater capital D The League will seek statewide legislation to facilities, through the Clean Water Loan and Grant Fund. Additional attention should be devoted to water require improvement or demolition of buildings and supply funding, and the League will seek legislation to structures closed on order of a building inspector, provide for paints in the priority ranking system for instead of boarding up and abandoning. funding for facilities to treat contaminants in water supplies, if required by federal law.The 20%state Technical Assistance match to draw down the available federal funds is the minimum that must be provided. Technical assistance for planning Maintain priority system for Clean Water rJ The League will support enlarged state Loans and Grants appropriations for technical assistance to local governments in community and economic development D The League will oppose efforts to distort the activities,water quality efforts,capital improvements historical system for setting priority for the awards of planning and mass transit planning. grants and loans under the Clean Water Loan and Grant Fund. Municipal.Elections Reasonable permitting and compliance fees Q The League will not oppose reasonable and Only municipal residents voting in municipal justifiable increases in water quality permitting and elections compliance fees, if the increases are fairly applied to all O The Le ague will oppose legislation that authorizes regulated point and non-point sources. The League non-municipal residents to vote in municipal elections. will support additional funding from state appropriations to support water quality regulatory programs. Wetlands Protection Establishing buffers and protecting wetlands ❑The League will support reasonable legislation and regulations to establish effective riparian buffers and to 12 13 39 protect wetlands, including the creation of a state recognition of previous reduction efforts by wetlands restoration, mitigation and preservation municipalities. program and a wetlands restoration trust fund. Need comprehensive study of Environmental Environmental Regulation Policy Act ❑Given the existence of adequate regulatory and Technical assistance for environmental permitting programs applicable to local governments, the League will support a comprehensive study of the protection N.C. Environmental Policy Act to determine if it can ❑The League will seek appropriations to provide be eliminated or revised to address local government technical assistance in the area of environmental concerns. Local government representatives must be protection. included among the members of the study committee. Cities and towns involved in development of Solid Waste Management regulations ❑The League recognizes that local governments are partners with the state in the protection of the Reducing source of waste is first priority environment and will seek to continue to be included ❑The League will support legislation that places in the initial development of environmental legislation source reduction initiatives as its first priority. and regulation and will further seek full funding or adequate revenue sources for implementation. Maintain flexibility in managing solid waste 0 The League will oppose laws and regulations, Regulate point and nonpoint sources of pollution (including statewide mandatory solid waste bans) that ❑The League will support legislation and directly or indirectly affect local governments' flexibility administrative rules that more effectively regulate to manage solid waste under the hierarchy set by state non-municipal, particularly non-point, sources of water law, unless there is a demonstrated direct relationship pollution. to public health and safety, or unless there is adequate state funding and infrastructure resources to support Management strategies for nutrient sensitive such bans. waters ❑The League will support legislation and Maintain ability to meet waste reduction goals administrative rules establishing management strategies ❑The League will oppose legislation and regulations for nutrient sensitive waters, provided that any such that undercut the ability and authority of municipalities management plan (1) fully recognizes the costs of to meet established goals in the area of solid waste implementation to local government and includes fair management and their ability to finance facilities and and adequate funding, (2) is science-based and programs for the effective management of solid waste. technologically feasible, (3) allows flexibility in attaining reduction goals using the most cost-effective Allow local government to develop their solid means, and (4) applies any mandatory controls in a waste management plans balanced and equitable manner,with nutrient ❑The League will oppose legislation or regulations reductions by all responsible parties in proportion to limiting ocal government flexibility their relative contributions to the problem,and with g g ty in the development of their solid waste management plans. 14 15 i 40 Municipal Utilities Concealed weapons laws Q The League will support reasonable proposals to No faxes on enterprise operations to fund state I strengthen the laws regulating the possession of handguns. The League will oppose legislation agencies relaxing training standards and other requirements as Q The League will oppose the imposition of state provided under the concealed weapons law. The taxes or fees on municipal public enterprise operations League will support legislation clarifying restrictions to fund state agency operations. on the possession of concealed weapons and preserving the rights of municipalities, entities and other persons to prohibit weapons on properties owned or occupied by them. Telecommunications Municipal telecommunications authority .Alcoholic Beverages Q The League will oppose legislation which is more restrictive on municipalities than the Federal Local inspection of ABC licensed premises Telecommunications Act of 19%. Q The League will support legislation to permit inspections of ABC licensed premises by local law Public Transportation enforcement officers. Improve public transportation programs Drugs Improve The League recognizes that public transportation and paratransit systems, including regional Statewide response to drug problem transportation authorities, benefit all areas of the state Q The League will support legislation to establish by providing a vital link to employment opportunities and fund a comprehensive statewide response to our and human services programs for all citizens and by drug problem,with emphasis on drug prevention facilitating the attainment of air quality standards education and rehabilitation as well as enforcement, without which further economic development cannot take place. The League will work to cultivate a partnership among federal,state and local governments Lary Enforcement in promoting a multimodal transportation system to serve the interests of citizens in both rural and urban areas of the state. Criminal forfeitures Q The League will oppose legislation providing state courts exclusive jurisdiction over criminal forfeitures or Operating assistance for public transit and otherwise interfering with the right of municipalities to human services transportation retain a share of the proceeds. Q The League will seek the creation of a state program to'assist public transit and human services transportation systems with operating costs, to be financed by a dedicated revenue source, such as a fuel tax, collected statewide and distributed to both urban 16 17 41 and rural transit systems on a formula basis. In addition, the League will support the dedication of Notes additional funds to highway maintenance. r Fees for mass transit ❑The League will seek legislation to authorize j municipalities to impose local option taxes dedicated to transit, such as parking fees and rental car fees and legislation to raise the statewide limitation on vehicle registration fees. j Assess public transportation needs r 0 The League will support a comprehensive public transportation needs assessment and study process to build consensus on the level of need, identify revenue sources and undertake long-range planning. Use of Powell Bill funds ❑The League will continue to oppose mandated use of Powell Bill funds for public transportation purposes. i a 18