TO: Mayor and Town
Council
FROM: W. Calvin Horton,
Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Resolution Calling
Hearing on Proposed Legislation
DATE: April 24, 2000
The attached resolution would call a hearing for May 8, 2000, to receive
public comment on potential items to be included in the Council’s Legislative
Program for the upcoming short session of the North Carolina General Assembly.
On April 14, 2000, the Town Council met with members of the Town’s
Legislative Delegation to discuss potential legislative issues of interest to
the Town. The Council now has the
opportunity to call a hearing to receive public comment on the issues the
Council wishes to consider including in its Legislative Program and submit its
requests to the local Legislative Delegation.
The General Assembly convenes for a “short session” this year on May 8,
2000. Local bills need to be submitted
to Bill Drafting by May 17, 2000, and filed for introduction in the Senate or
introduced in the House by May 24, 2000.
Legislative rules require that during this “short session” the principal
sponsor of any local bill certify that no public hearing in the Legislature
will be required or requested on the bill; that the bill is non-controversial;
and that the bill is approved for introduction by each member of the local
delegation.
On April 14, 2000, the Council discussed a number of possible legislative
matters with the local delegation, both local bills and issues of state-wide
concern. Some of the issues discussed, including growth management,
transportation and election campaign reform, have already been the subject of
recent Council policy resolutions.
Legislative issues for which the Council may wish to call a public
hearing and adopt as part of its legislative program for the upcoming session
of the General Assembly include:
-increasing
the spending limit on projects constructed by Town Staff;
-allowing
use of video traffic code enforcement for traffic signal violations;
-allowing enforcement of parking regulations
on private lots, upon request of the owner.
In addition, the Council may wish to receive public input prior to
adopting a resolution on other legislative matters of interest including:
-extension
of the moratorium on billboards along Interstate 40;
-revision of
statutory authority regarding stormwater utilities.
The Council may wish to consider adding matters to the list of those
included in the proposed resolution or deleting some of those already listed.
That the Council adopt the attached resolution calling a public hearing
for May 8, 2000, to receive comment from the public prior to considering
adoption of a legislative program for the Town, with whatever revisions the
Council determines.
Because of the deadlines mentioned above
for submitting local bills, we would propose that the Council consider
adopting a legislative program immediately following the May 8 hearing.
1. April 7, 2000 Memorandum on
potential legislative issues
2. Copy of Session Law 1999-436
on I-40 Billboards
A RESOLUTION CALLING A PUBLIC HEARING FOR MAY 8, 2000, TO RECEIVE PUBLIC COMMENT ON PROPOSALS FOR CONSIDERATION AS PART OF THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2000-04-24/R-13)
BE IT RESOLVED by the Council of
the Town of Chapel Hill that the Council calls a public hearing for May 8,
2000, at 7 pm in the Council Chambers on the following proposed items for
consideration as part of its Legislative Program for the upcoming session of
the General Assembly:
Local bills to:
-increase
the spending limit on projects constructed by Town Staff;
-allow use
of video traffic code enforcement for signal violations;
-allow enforcement of parking regulations on
private property, upon request of the owner.
General Legislation to:
-extension
of the moratorium on billboards along Interstate 40;
-revision of
statutory authority regarding stormwater utilities.
BE IT FURTHER RESOLVED that the Council, in order to meet deadlines for proposing local legislation to the General Assembly, states its intent to consider adoption of a Legislative Program following the conclusion of the public hearing.
This the 24th day of April, 2000.
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.
Statewide
Legislation
1. Transportation issues.
a. Metropolitan Planning Bill. Discussions are on-going among local leaders
and state representatives regarding proposed legislation to consolidate
metropolitan planning organizations.
The terms under which the Durham-Chapel Hill-Carborro 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.
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 on-going 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.)
ATTACHMENT 2
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-436
SENATE BILL 829
AN ACT TO DIRECT THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE TO STUDY ISSUES RELATED TO PROHIBITING THE ERECTION OF OUTDOOR ADVERTISING ON A PORTION OF INTERSTATE HIGHWAY 40 AND TO IMPOSE A MORATORIUM PENDING THE COMMITTEE'S REPORT TO THE GENERAL ASSEMBLY.
The General Assembly of North Carolina enacts:
Section 1. The Joint Legislative Transportation Oversight Committee shall study whether the additional erection of outdoor advertising along the portion of Interstate Highway 40 from the Orange-Alamance county line to the municipal limits of the City of Wilmington should be prohibited. The Committee shall examine the issue with regard to outdoor advertising as defined in G.S. 136-128(3), that is visible and intended to be read from the highway right-of-way. The Committee shall also study the advisability of the Department of Transportation allowing owners of billboards to enter upon the right-of-way and destroy vegetation which might obscure their advertising. The committee shall report its findings and recommendations to the 2000 Regular Session of the 1999 General Assembly. Pending the report of the Committee, a moratorium is imposed on the erection of new outdoor advertising along the portion of Interstate Highway 40 from the Orange-Alamance county line to the municipal limits of the City of Wilmington. The moratorium imposed by this section shall not apply to outdoor advertising described in G.S. 136-129 (1), (2), or (3). The moratorium shall expire July 1, 2000.
Section 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:15 p.m. this 10th day of August, 1999