Group falls short in push for referendum

— Organizers of a push to put the city’s new streamside protection ordinance to a public vote missed Friday’s deadline to turn in petition signatures.

The group of property owners who oppose the regulations on streamside properties and wanted to collect the required 3,928 signatures from registered voters, ended up turning in none by the 5 p.m. closing time at the City Clerk’s Office.

The City Council approved the measure 7-1 on March 1 after weeks of debate. By city law, anyone wanting to force a referendum on an ordinance has 31 days from its approval to collect and present signatures from voters who want an election called.

The number of signatures represents 15 percent of registered voters in the 2008 mayoral election. That number is established by state law governing public referendums.

Alan Long, whose property in the Waterman Woods neighborhood will be regulated by the ordinance, led the petition drive by a group of about 20 property owners during the past month. Long estimated Friday that canvassers collected more than 1,000 signatures.

“We just didn’t have enough time,” he said. “I think that over 1,000 signatures speaks volumes to what the City Council should have considered.”

Steven Kay, a Fayetteville attorney who drafted the petition, agreed.

“Getting it done in 30 days is a monstrous thing,” Kay said. “The city had, what, two years to put this ordinance together, and we get 30 days to get it put on the ballot.”

Kay and Long said they would still consider submitting the signatures collected to the city to document the volume of people opposed to the ordinance, but they didn’t do it Friday.

Kay also said he plans to represent a group of residents who feel they should be compensated for their land that will be regulated under the ordinance in a potential lawsuit against the city.

The ordinance, expected to impact roughly 1,300 property owners, will prohibit certain new activities —such as storing hazardous material, building structures larger than 150 square feet and raising livestock —within 50 feet of waterways.

The measure is an attempt to reduce harmful contaminants flowing into waterways by preserving natural riparian buffers that filter sediment and slow erosion.

Sarah Lewis, Ward 4 alderwoman and sponsor of the ordinance, said Friday the petition drive provided an opportunity to continue the conversation about water quality with residents and develop educational resources for them.

“I’m glad that people are engaged and glad that they are paying attention,” Lewis said. “I hope that people that signed the petition keep asking questions and want to learn more.”

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