Oriental Town Charter - Proposed Amendment

A couple of interesting items on tomorrow night's agenda for the meeting of the Oriental Town Board of Commissioners:

1. Under "new business" - Approve subdivision of property at 204 High Street. This is a continuation of a longstanding controversy in that neighborhood. There has been high public interest in the issue in the past.

2. Set public hearing for proposed amendment to Article VI of the GMO. I'm sure it's just a typo, because required notice of a public hearing has not been made - but the proposed amendment in the commissioners' briefing package says "adopted this 2nd day of August, 2011."

3. Similarly, the resolution of intent to adopt a charter amendment changing terms of office for mayor and council members from two to four years calls for a public hearing August 2, 2011. This is obviously in error.

For the information of citizens, NCGS 160A-102 sets out the procedure to be followed:

"The resolution of intent shall describe the proposed charter amendments briefly but completely and with reference to the pertinent provisions of G.S. 160A‑101, but it need not contain the precise text of the charter amendments necessary to implement the proposed changes. At the same time that a resolution of intent is adopted, the council shall also call a public hearing on the proposed charter amendments, the date of the hearing to be not more than 45 days after adoption of the resolution. A notice of the hearing shall be published at least once not less than 10 days prior to the date fixed for the public hearing, and shall contain a summary of the proposed amendments. Following the public hearing, but not earlier than the next regular meeting of the council and not later than 60 days from the date of the hearing, the council may adopt an ordinance amending the charter to implement the amendments proposed in the resolution of intent.

The council may, but shall not be required to unless a referendum petition is received pursuant to G.S. 160A‑103, make any ordinance adopted pursuant to this section effective only if approved by a vote of the people, and may by resolution adopted at the same time call a special election for the purpose of submitting the ordinance to a vote. The date fixed for the special election shall be not more than 90 days after adoption of the ordinance.

Within 10 days after an ordinance is adopted under this section, the council shall publish a notice stating that an ordinance amending the charter has been adopted and summarizing its contents and effect. If the ordinance is made effective subject to a vote of the people, the council shall publish a notice of the election in accordance with G.S. 163‑287, and need not publish a separate notice of adoption of the ordinance."

NCGS 160A-103 Stipulates: "An ordinance adopted under G.S. 160A‑102 that is not made effective upon approval by a vote of the people shall be subject to a referendum petition. Upon receipt of a referendum petition bearing the signatures and residence addresses of a number of qualified voters of the city equal to at least 10 percent of the whole number of voters who are registered to vote in city elections according to the most recent figures certified by the State Board of Elections or 5,000, whichever is less, the council shall submit an ordinance adopted under G.S. 160A‑102 to a vote of the people."