TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Public
Hearing on Proposed Legislation
DATE: May 8, 2000
The purpose of tonight’s hearing is to receive public input on proposals for inclusion in the Town’s Legislative Program for the upcoming short session of the North Carolina General Assembly. The Council may vote tonight on a legislative program.
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.
Because of the deadline for introduction of local bills, we recommend
that the Council consider public comment tonight and then act to adopt a proposed legislative program this evening.
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.
On April 24, 2000, the Council adopted a resolution calling this hearing
on potential local bills to:
-increase
the spending limit on projects constructed by Town Staff;
-allow use
of video traffic code enforcement;
-allow enforcement of parking regulations on
private lots, upon request of the owner.
In addition the Council’s resolution sought public input this evening on
two other legislative matters of interest:
-extension
of the moratorium on billboards along Interstate 40;
-revision of
statutory authority regarding stormwater utilities.
Notice of tonight’s Public Hearing was published in the local media.
RECOMMENDATION
That the Council adopt the attached resolution establishing its
legislative program for the upcoming session of the North Carolina General Assembly
with whatever adjustments the Council deems appropriate following its
consideration of public comment this evening.
Attachments:
A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2000-05-08/R-1)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having held a public hearing for May 8, 2000, at 7 pm on proposed items for inclusion in the Town’s legislative program for the 2000 Short Session of the North Carolina General Assembly, hereby adopts as its legislative program the following proposed items and requests that members of the Town’s Legislative Delegation introduce bills for consideration during 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;
-allow enforcement of parking regulations on
private property, upon request of the owner.
BE IT FURTHER RESOLVED that the Council expresses its support for General
Legislation to:
-extend
the moratorium on billboards along Interstate 40;
-revise the statutory authority regarding
stormwater utilities to allow a wider range of use of stormwater utility fees.
BE IT FURTHER RESOLVED that the
Council directs that copies of this resolution be forward to members of the
Town’s Legislative Delegation.
This the 8th day of May, 2000.
A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE TOWN OF CHAPEL HILL TO ENFORCE PARKING REGULATIONS ON PRIVATE LOTS UPON REQUEST OF THE OWNER OR PERSON IN CHARGE OF OPERATION AND CONTROL
The General Assembly of North Carolina enacts:
Section 1. Section 160A-301(d) of the General Statutes is amended to read as follows:
(d) The governing body of any city may, by ordinance, regulate the stopping, standing, or parking of vehicles in specified areas of any parking areas or driveways of a hospital, shopping center, apartment house, condominium complex, or commercial office complex, or any other privately owned public vehicular area, as well as any private lot used for residential purposes, whether or not demarcated as a vehicular area, or prohibit such stopping, standing, or parking during any specified hours, provided the owner or person in general charge of the operation and control of that area requests in writing that such an ordinance be adopted. The owner of a vehicle parked in violation of an ordinance adopted pursuant to this subsection shall be deemed to have appointed any appropriate law-enforcement officer as his agent for the purpose of arranging for the transportation and safe storage of such vehicle.
Section 2. This act applies to the Town of Chapel Hill only.
Section 3. This act becomes effective ____________.
A BILL TO BE ENTITLED AN ACT TO INCREASE THE FORCE ACCOUNT LIMIT FOR THE TOWN OF CHAPEL HILL
The General Assembly of North Carolina enacts:
Section 1. G.S. 143-135 reads as rewritten:
§ 143-135. Limitation of application of Article
Except
for the provisions of G.S. 143-129 requiring bids for the purchase of
apparatus, supplies, materials or equipment, this Article shall not apply to
construction or repair work undertaken by the State or by subdivisions of the
State of North Carolina (i) when the work is performed by duly elected officers
or agents using force account qualified labor on the permanent payroll of the
agency concerned and (ii) when either the total cost of the project, including
without limitation all direct and indirect costs of labor, services, materials,
supplies and equipment, does not exceed one hundred twenty-five thousand
dollars ($125,000) one hundred seventy five thousand dollars ($175,000)
or the total cost of labor on the project does not exceed fifty thousand
dollars ($50,000) seventy five thousand dollars ($75,000). This force account work shall be subject to
the approval of the Director of the Budget in the case of State agencies, of
the responsible commission, council, or board in the case of subdivisions of
the State. Complete and accurate
records of the entire cost of such work, including without limitation, all
direct and indirect costs of labor, services, materials, supplies and equipment
performed and furnished in the prosecution and completion thereof, shall be
maintained by such agency, commission, council or board for the inspection by
the general public. Construction or
repair work undertaken pursuant to this section shall not be divided for the
purposes of evading the provisions of this Article.
Section 2. This act applies to the Town of Chapel Hill only.
Section 3. This act is effective when it becomes law and expires _______.
A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE TOWN OF CHAPEL HILL TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE EVIDENCE OF TRAFFIC SIGNAL VIOLATIONS .
The General Assembly of North Carolina enacts:
Section 1. Chapter 216 of the 1997 Session Laws, as amended by S.L. 1999-17 and further amended by S.L. 1999-181, reads as rewritten:
“ Section 1. Chapter 160A of the General Statutes is amended by adding a new section to read:
§ 160A-300.1. Use of traffic control photographic systems. (a) A traffic control photographic system is an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic control device to automatically produce photographs, video, or digital images of each vehicle violating a standard traffic control statute or ordinance.(b) Any traffic control photographic system or any device which is a part of that system, as described in subdivision (a) of this section, installed on a street or highway which is a part of the State highway system shall meet requirements established by the North Carolina Department of Transportation. Any traffic control system installed on a municipal street shall meet standards established by the municipality and shall be consistent with any standards set by the Department of Transportation. (b1) Any traffic control photographic system installed on a street or highway must be identified by appropriate advance warning signs conspicuously posted not more than 300 feet from the location of the traffic control photographic system. All advance warning signs shall be consistent with a statewide standard adopted by the Department of Transportation in conjunction with local governments authorized to install traffic control photographic systems.(c) Municipalities may adopt ordinances for the civil enforcement of G.S. 20-158 by means of a traffic control photographic system, as described in subsection (a) of this section. Notwithstanding the provisions of G.S. 20-176, in the event that a municipality adopts an ordinance pursuant to this section, a violation of G.S. 20-158 at a location at which a traffic control photographic system is in operation shall not be an infraction. An ordinance authorized by this subsection shall provide that:(1) The owner of a vehicle shall be responsible for a violation unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody, or control of another person. The owner of the vehicle shall not be responsible for the violation if the owner of the vehicle, within 21 days after notification of the violation, furnishes the officials or agents of the municipality which issued the citation:
a. The name and address of the person or company who leased, rented, or otherwise had the care, custody, and control of the vehicle; orb. An affidavit stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle. (2) A violation detected by a traffic control photographic system shall be deemed a noncriminal violation for which a civil penalty of fifty dollars ($50.00) shall be assessed, and for which no points authorized by G.S. 20-16(c) shall be assigned to the owner or driver of the vehicle nor insurance points asauthorized by G.S. 58-36-65. (3) The owner of the vehicle shall be issued a citation which shall clearly state the manner in which the violation may be challenged, and the owner shall comply with the directions on the citation. The citation shall be processed by officials or agents of the municipality and shall be forwarded by personal service or first-class mail to the address given on the motor vehicle registration. If the owner fails to pay the civil penalty or to respond to the citation within the time period specified on the citation, the owner shall have waived the right to contest responsibility for the violation, and shall be subject to a civil penalty not to exceed one hundred dollars ($100.00). The municipality may establish procedures for the collection of these penalties and may enforce the penalties by civil action in the nature of debt.(4) The municipality shall institute a nonjudicial administrative hearing to review objections to citations or penalties issued or assessed under this section.'"
“Section 2. This act applies to the Cities of Charlotte, Fayetteville, Greensboro, High Point, and Rocky Mount and the Town of Chapel Hill only; provided, however, that the Town of Chapel Hill may only use the authority granted by this Statute for violation of statutes or ordinances related to traffic signals.”
Section 2. This act becomes effective _______.
A RESOLUTION REQUESTING THAT ORANGE COUNTY DELEGATES TO THE NORTH CAROLINA GENERAL ASSEMBLY SEEK A PERMANENT PROHIBITION ON BILLBOARD ADVERTISEMENTS ALONG INTERSTATE 40 (2000-04-24/R-17)
WHEREAS, the Joint Legislative Transportation
Oversight Committee has studied 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; and,
WHEREAS, pending the report of the Committee,
a moratorium was imposed on the erection of new outdoor advertising along the
portion of Interstate 40 from the Orange-Alamance County line to the municipal
limits of the City of Wilmington; and
WHEREAS, the Chapel Hill Town Council met
with members of the local legislative delegation on April 14, 2000, to discuss
this and other upcoming legislative issues; and,
WHEREAS, the Joint Legislative Transportation
Oversight Committee took no action on the billboard matter at its meeting of
April 19; and,
WHEREAS, the moratorium will expire on July
1, 2000, opening the door to future billboard construction unless the General
Assembly enacts legislation that would prohibit billboards;
NOW, THEREFORE, BE IT RESOLVED that the Council requests that local legislative delegates seek a permanent prohibition on billboard advertisements along Interstate 40.
This the 24th day of April, 2000.