Wake mayors unite behind common wants (The Cary News)
Officials hope state legislators will grant their towns new powers.
In politics, allies often can be one’s biggest asset. Which is why the mayors of Wake County’s 12 municipalities joined forces in advance of the 2010 short session of the state legislature, which begins today, to lobby for local bills that would grant each of their towns new powers.
Some want the authority, for example, to exempt citizen e-mail addresses from public records law. Others wish to retain the right to expand their borders when necessary.
All of them want the General Assembly to avoid usurping local tax dollars to fill in gaps in the state’s budget.
But accomplishing those and other goals can be difficult in a session in which legislators are focused primarily on balancing the state’s budget, said Mayor Harold Weinbrecht of Cary, president of the Wake County Mayors Association.
So he and other Wake County mayors are hoping to better the odds by speaking in unison; at least on issues where they find common ground.
“We thought that as a group, if we had more mayors asking for something in a session that has to be limited to noncontroversial issues, we’d have a better chance of seeing them address those issues,” Weinbrecht said.
It’s the first time in the Wake County Mayors Association’s history that the chief town officials have signed off on – and unanimously at that – a common legislative wish list. And if it bears positive results, Weinbrecht said, it probably won’t be the last time.
Their agenda this year includes the following eight requests.
Keep all local revenues intact through the upcoming budget session.
Maintaining all sources of local revenues is a perpetual concern for town governments. That’s especially important this year, when many local governments, including Cary, are facing shrinking budgets. “They shouldn’t balance their budget on the backs of municipalities across the state,” said Lana Hygh, assistant to the town manager in Cary.
Western Wake County towns have taken their lumps in recent years as state officials have often withheld large sums of money – from taxes on wine and beer, wireless communications sales and utilities franchises – from municipalities.
In the case of wine and beer taxes, for example, the state levies this tax on alcoholic beverages and a municipality may share in the revenues if beer or wine is sold legally within its jurisdiction. The proceeds are distributed based on the town’s population as recorded by the North Carolina Office of State Planning.
Former Gov. Mike Easley withheld $400,000 of this revenue from Cary alone in fiscal year 2002 to help balance the state budget. Gov. Bev Perdue followed suit last year, also withholding hundreds of thousands of dollars in potential revenue from the town.
Exempt lists of citizen e-mail addresses from disclosure under the Public Records Act.
Towns want legislators to make the change in order to keep residents’ e-mail addresses from advertisers who request them en masse from the town’s virtual Rolodex.
Residents often volunteer their e-mail addresses when they sign up for town e-mail blasts about happenings such as public meetings, activities at the senior centers or concerts at public venues. When they sign up, their addresses become public record under North Carolina law.
In recent months, several advertisers have requested Cary’s 13,000-address list. The town was obligated to hand them over, no questions asked. As a result, town officials say, more than 1,000 subscribers to Cary’s mailing lists unsubscribed between December and March.
Critics of the request say that a change in the law would be unnecessary for a number of reasons, including that the town already notifies all subscribers to its e-mail lists that their e-mail addresses are public records. Opponents of the measure say a change also could create an unfair advantage for incumbent candidates during elections. Sitting council members are considered town employees and, therefore, would retain access to the records. Outsiders wouldn’t.
Retain municipal authority for annexation by supporting the N.C. League of Municipalities’ position.
Supporters of involuntary annexation say the law has allowed cities and towns to manage growth and avoid the urban decay that plagues other cities without the ability to annex. Opponents say that property owners chose to live outside a city and that government should not be able to force them to pay new taxes for services they don’t necessarily want.
The League of Municipalities, a nonpartisan association of municipalities in North Carolina, favors the rights of towns to annex land outside their borders. So do elected officials across Wake, who see the procedure as a cost-effective way to manage growth.
The organization last year opposed a state bill on annexations, in part because it would have allowed for a referendum on forced annexation if 15 percent of voters in the municipality and the area to be annexed signed a petition.
“It almost seems silly, though,” Weinbrecht said. “You’re holding a referendum to ask, ‘Do you want to be involuntarily annexed?’ ”
“In that case, their answer is obviously going to be, ‘No,'” he added.
Councilman Don Frantz of Cary, meanwhile, opposes the League’s stance. He was the lone dissenter in a vote last month in which the Cary Town Council joined other governing bodies in Wake in supporting a change in the law. “I would much rather that we grow voluntarily, 100 percent,” Frantz said.
Allow municipalities to order repairs or demolition of dwellings that have been declared unfit for human habitation.
Weinbrecht said his town already has authority to take action against homes that have been vacated or closed for a year. But the mayor said that he and other proponents of the measure want to speed up the process to six months.
“We’re basically just trying to protect property values and the aesthetics of the town,” he said. “There’s nothing worse than having property that is not kept up or maintained or even becomes a danger.”
Weinbrecht acknowledges critics’ argument that a change in the law might come at the expense of low-income families. “Some members of the
But he said the main objective, in his mind, remains improving the town. “Blight is like a disease,” Weinbrecht said. “You want to do anything you can to eradicate it.”
Provide Wake County municipalities authority to use debt to pay down past retirement obligations.
Among towns in western Wake, Morrisville is most in need of a new way to pay down its financial obligations to the state’s pension fund, said Town Manager John Whitson. “We’re different because we’re already paying a higher rate because we joined the system late,” he said. “Not many towns face this situation. We’re already paying more, and at the same time our rates will continue to increase by the same percentage as everyone else.”
The state retirement system, which includes local government employees, is supported by three sources: State employees account for 29 percent. The legislature provides the money to cover 11 percent of the fund. Revenue from the fund’s investments accounts for 60 percent.
Provide authority to Wake County municipalities to use electronic notice for public hearings.
Current laws require towns to advertise public hearings and other legal notices in a newspaper of general circulation. But officials say that print advertising is too expensive.
They want the authority to instead publish such notices on municipal Web sites.
Legislators already granted this authority to Cary and Apex in 2007. Now other Wake towns, including Holly Springs, Morrisville and Fuquay-Varina, want it too.
“We don’t want to leave anyone out,” Mayor Jackie Holcombe of Morrisville said. “… But putting it in the newspaper just isn’t a good use of our funds.”
Rep. Paul Stam of Apex unsuccessfully sponsored a bill last year that would have granted all cities and counties in North Carolina the authority to give electronic notice of public hearings. The bill never emerged from a legislative committee.
Eliminate the cap on charter schools.
State education leaders want to loosen the 100-school cap on charter schools to allow local school boards to free struggling schools of regulations. Allowing more would require a change in state law. It’s aimed at beefing up the state’s application for Race to the Top, a federal education competition for billions of dollars in grants.
“Other states have moved expeditiously to remove their cap on charter schools,” Apex Mayor Keith Weatherly said during a recent Town Council meeting. “Hopefully, North Carolina can move soon to do the same.”
But new charters in North Carolina likely would be a different brand, converted from established schools and started by school districts rather than independent groups. The local boards would still need permission to run the schools free of many state and local rules that govern traditional schools.
Perdue has opposed lifting the cap, and the Democratic-controlled legislature has not approved any of the numerous proposals to break the 100-charter barrier.
Allow municipalities to use the design-build concept for capital projects.
Officials in Holly Springs initiated a request to seek authorization from the General Assembly to use the design-build method for construction for any and all infrastructure projects.
The design-build concept is a project delivery method in which design and construction contracts are combined. The method differs from the more common design-bid-build concept in which design and construction contracts are handled separately.
Town leaders in Holly Springs say the design-build method would save tax dollars and cut down on paperwork.
Staff Writers Lynn Bonner, Benjamin Niolet and Mark Johnson contributed to this report.
BY JORDAN COOKE, Staff Writer
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