MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

Ralph D. Karpinos, Town Attorney

 

SUBJECT:       Potential Issues for Discussion at Legislative Breakfast

 

DATE:             April 7, 2000

 

 

Listed below are a number of potential issues, with a brief explanation of each, that the Council may wish to raise with our Legislative Delegation at breakfast on Friday, April 14, 2000.  These issues have been identified based on recent Council discussions and information from other sources.  The fact that the General Assembly is meeting in a “Short Session” this year will likely limit the opportunity for local bills to be considered. 

 

State-wide Legislation

 

1.  Transportation issues. 

 

a.  Metropolitan Planning Bill.  Discussions are ongoing among local leaders and State representatives regarding proposed legislation to consolidate metropolitan planning organizations.  The terms under which the Durham-Chapel Hill-Carrboro MPO and the Greater Raleigh MPO might be merged could be influenced by the language of whatever proposed legislation is introduced. 

 

b.  Support for Public Transportation Funding.  The North Carolina Public Transportation Association (NCPTA) has its identified key legislative priorities for the upcoming session of the General Assembly.  These include continued funding of the public transportation program in the current State budget.  A full description of NCPTA’s is attached.

 

2.  Growth Management Study.  Last fall we provided the Council with a report on the establishment of the Commission to Address Smart Growth Management and Development.  The Commission was created by the General Assembly to study growth issues and recommend initiatives to promote coordination among local, regional and state governments.  It is anticipated by observers at the League of Municipalities that the study will take two years.  The status of the Commission’s work and other legislative matters related to growth management may be a matter the Council wishes to discuss with the delegation.   

 

3.  Clean Elections Bill.  The Council has already expressed its support for the proposed North Carolina Clean Election Act.  Members of our local delegation are on record as sponsors of this legislation.  The proposed bill would affect how contributions can be made and moneys spent in North Carolina election campaigns. 

 

4.  Stormwater Utility Bill.  A bill is being developed through discussions and meetings of the Environmental Review Commission with input from the N.C. League of Municipalities to authorize use of stormwater utility fees to address stormwater quality as well as stormwater quantity concerns.  A recent judicial decision interprets the current statute as not allowing use of stormwater utility fees for all these purposes.  This legislation is of interest to local governments throughout North Carolina.  The Town continues to consider the creation of a stormwater management program funded by utility fees.

 

Local Initiatives

 

1.  Increase in the spending limit on projects constructed by Town staff.  North Carolina General Statute Sec. 143-135 currently limits construction and repair work that may be undertaken by the Town’s own employees to projects that do not exceed $125,000 in total cost or $50,000 in labor cost.  A number of local governments have requested increases in the statutory limits over the years.  Some of these requests have been for permanent authorization to use a higher dollar limit.  In other cases, the requests have been temporary (one to two years) and/or to allow a locality to complete a specific project.  Based on recent experience seeking contractors to build parts of our ongoing Downtown Streetscape, an increase in these dollar limits may improve the Town’s ability to continue the work on this project.  We believe that it would be reasonable to consider asking for a local bill to make an adjustment to these limits to $175,000 total cost or $75,000 in labor costs, possibly expressly limited to Streetscape.

 

2.  Allow use of video traffic code enforcement.  A number of municipalities around the State now have authorization to use video camera surveillance technology to identify certain improper traffic movements and to impose civil penalties on the drivers of vehicles so identified.  The act now requires conspicuous posting of advance warning signs not more than 300 feet from the location of the photographic system.  We may wish to consider asking that Chapel Hill receive this authority.

 

3.  Expand authority to issue parking tickets on private property.  North Carolina General Statute Sec. 160A-301(d) currently allows the Town, upon the request of a private property owner or person in control, to enact an ordinance regulating parking on the owner’s property.  The statute is limited to certain types of property, including, for example, parking areas of shopping centers and apartment complexes.  During recent Council discussions regarding the regulation of residential rental properties it was suggested that landlords have difficulty preventing the intermittent use of front yards of residential lots for the parking of cars.  If this statute were expanded to include individual residential lots, an owner or landlord could ask the Town to enact an ordinance under which the Town could issue parking tickets to improperly parked cars.  (Currently, the Town regulates front yard parking in historic districts, but does so by issuance of a zoning violation notice to the property owner.)