AGENDA #2

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

Ralph D. Karpinos, Town Attorney

SUBJECT:       Public Hearing on Proposed Legislation

DATE:             March 5, 2001

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.

BACKGROUND

On February 26, the Council adopted a list of issues for inclusion in the Town’s Legislative Program and scheduled tonight’s public hearing on these issues.

On February 16, the Council met with Senators Lee and Kinnaird and Representatives Hackney and Insko to discuss potential legislative issues of interest to the Town.  The Council now has the opportunity to receive public comment on the issues the Council wishes to consider including in its Legislative Program and its request to the local Legislative Delegation.

The General Assembly convened for its “long session” this year on January 24.  The deadline for submission of local bills to Legislative Bill Drafting in the Senate is March 14.  Bills must be filed for introduction in the Senate by March 21.  Local bills must be submitted to Bill Drafting in the House by March 21 and introduced by March 28. 

DISCUSSION

On February 16, the Council discussed a number of possible legislative matters with the local delegation.

Items for discussion were:

 

Local legislative issues identified by Town staff that the Council may wish to adopt as part of its legislative program for the upcoming session of the General Assembly are: 

We mailed notice of hearing to property owners in the area proposed for legislative annexation.

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.

Notice of tonight’s Public Hearing was published in The Chapel Hill News on March 4 and on the Town’s web site.

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

  1. February 16, 2001 Memorandum on potential legislative issues (p. 4)
  2. Old Durham-Chapel Hill Road Area (Map) (p. 16).
  3. The Unincorporated Part of a 9-Acre Lot in Chapel Hill’s Urban Services Area (Map) (p. 17).
  4. The University Railroad right-of-way in Chapel Hill’s Urban Services Area (p. 18).

A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2001-03-05/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having held a public hearing for March 5, 2001, at 7 p.m. on proposed items for inclusion in the Town’s legislative program for the 2001 Long Session of the North Carolina General Assembly, hereby adopts as its legislative program the following proposed items:

Supporting:

Opposing:

           

BE IT FURTHER RESOLVED that the Council directs that copies of this resolution be forwarded to members of the Town’s Legislative Delegation;

BE IT FURTHER RESOLVED that the Council requests that members of the Town’s Legislative Delegation introduce this bill for consideration during the upcoming session of the General Assembly.

This the 5th day of March, 2001.

Amended March 6, 2001.

ATTACHMENT 1

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Issues for Legislative Discussion 

DATE:            February 16, 2001

PURPOSE

The Town Council has selected the issues listed below as key discussion items for today’s meeting with Senators Kinnaird and Lee and Representatives Hackney and Insko.

ISSUES LIST

On February 12, the Council endorsed the following list of issues to discuss with the legislative delegation:

On February 12, the Council also endorsed the Regional Legislative Agenda of the Triangle J Council of Governments, which is attached for your reference (included in Attachment 2).

ATTACHMENTS

  1. February 12 Memorandum, “Consideration of Potential Legislative Issues,” (p. 3).
  2. February 12 Memorandum, “Petition Requesting Support of the Regional Legislative Agenda of the Triangle J Council of Governments,” with Triangle J Council of Governments Regional Legislative Agenda (p. 5).
  3. February 16 Memorandum from Mayor Waldorf, “Transportation Funding Options,”    (p. 13).
  4. “Funding Sources,” from the regional transportation study (p. 14).
  5. “Transit 2001” Executive Summary, pp. 12-14 (p. 33).
  6. February 15 Memorandum from Mayor Waldorf, “University Towns and Cities Meeting” with Minutes (p. 36).
  7.  February 11 article from The News & Observer, “Politics, growth, and the ‘Mother, may I?’ rule” (p. 41).

AGENDA #13a

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Consideration of Potential Legislative Issues 

DATE:             February 12, 2001

BACKGROUND

The Council will meet with the local legislative delegation on February 16 to discuss issues for the coming year.  The Council may find it helpful to discuss potential legislative issues at tonight’s meeting, in preparation for the legislative breakfast.

The deadline for submission of local bills to Legislative Bill Drafting in the N.C. Senate is 4 p.m. on Wednesday, March 14, 2001.  Bills must be filed for introduction in the Senate by 3 p.m. on March 21.  The N.C. House has not yet adopted its deadline rules. 

The tentative Council calendar includes an item for February 26 that sets the scope and calls a public hearing for potential legislative requests.  The hearing is scheduled for March 5.  We recommend adopting the legislative issues that same night in order to meet the March 14 bill-drafting deadline.

Part B of this agenda item also includes a separate proposal from Council Member Evans, requesting support of the Regional Legislative Agenda of the Triangle J Council of Governments and a State-wide mandatory program for recycling bottles and cans. 

POTENTIAL ISSUES

Protecting Town Revenues.  We recommend that the Council ask legislators to protect existing local government revenue sources, including the following:

This is the basic State-shared revenue list over which the State has control.  In the last fiscal crisis, the State froze the utility franchise tax, intangibles tax, wine and beer tax, and inventory taxes at the then-current levels, and the State retained all the growth in these revenue sources from 1993 until 1997.

In addition, Governor Martin attempted to withhold the State fire protection funds for local governments and suspended payments for two quarters. (We were receiving $296,000 at that time.)  However, Gov. Martin eventually reinstated all the payments.  Our fire payments now are $850,000 annually.

Opposing Preferential Treatment.  House Bill 4, sponsored by Rep. Bob Hensley of Wake County, proposes providing full retirement benefits to police officers after 25 years of service.  This bill, if passed, would reduce the basic service requirements needed for unreduced retirement benefits from 30 years to 25 years for police officers.  We believe that providing preferential benefits for one class of municipal employees is not consistent with sound personnel management practices.  The N.C. League of Municipalities consistently opposes such preferential benefits.  We recommend that the Council consider opposing this proposal.  

Opposing State-Mandated Disciplinary Procedures for Law Enforcement Officers.  House Bill 5, also sponsored by Rep. Hensley of Wake County, would set rules and procedures for how municipalities must handle disciplinary actions of law enforcement officers.  No police officer could be discharged, suspended, or demoted for disciplinary reasons, except for just cause.  According to the bill, local governments would be required to establish procedures that include hearings before a “fair and impartial board of hearing officer,” among other provisions.  We believe that such local personnel decisions should be made at the local level, and that the Town’s policies already include provisions for fair hearings that apply to all employees. 

Supporting New Sources of Transportation Revenues.  The Legislature’s Transportation Finance Committee has recommended measures consisting of a 2-cent increase in the gas tax and an increase in various fees that would result in $550 million in new revenues for road maintenance and construction and a Public Transportation Trust Fund.  

Recycling of Bottles and Cans.  A mandatory State-wide program for recycling bottles and cans is an issue included in a separate agenda item prepared by Council Member Evans. 

RECOMMENDATION

That the Council consider a list of potential legislative issues for discussion at the Legislative Breakfast on February 16. 

ATTACHMENTS

  1. July 11, 2000 Memorandum from Town Attorney, with information on passage of local bill requests (p. 3).
  2. Resolution Adopting Legislative Program for 1999, with information on legislative action (p.6).

 AGENDA #13b

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            Pat Evans, Council Member

SUBJECT:       Petition Requesting Support of the Regional Legislative Agenda of the Triangle J Council of Governments

DATE:             February 12, 2001

The Triangle J Council of Governments has compiled its list of legislative issues for the General Assembly to consider.  A copy of the Triangle J Regional Legislative Agenda is attached.  I request that the Council adopt:

I have also requested that the issue of State-wide mandatory recycling of bottles and cans be included and added to our list of requests for the legislative breakfast.

With the change in our meeting time with the legislative delegation, I will be unable to attend the breakfast on February 16. 

 

SUMMARY

The Triangle J Council of Government’s priorities include:

Providing Revenue Options for Local Government:  Any local government revenue source that is currently available to one or more local governments in the State should be available to all local governments uniformly throughout the state. 

Protecting State-Shared Revenues for Local Government:  Protection of existing local government revenue sources from “degradation” or repeal.

Growth Management and Smart Growth Strategy:  A clear and concise growth management policy for the State is needed.

Transportation Planning and Funding:  Additional State funding of the Transportation Improvements Plan (TIP), Metropolitan Planning Organizations (MPOs), and local transit authorities, with multi-modal planning for the region.

Environmental Issues:  Financial and tax incentives following up on the Ambient Air Quality Act enacted in 1999 to encourage the use of alternative fuels.

Affordable Housing:  Recurring funds for the N.C. Housing Trust Fund to provide new home ownership opportunities with affordable rental homes.

Electric Utility Deregulation:  Strong concerns about any deregulation of the electric utility industry.

ALSO FOR CONSIDERATION

Statewide Recycling of Bottles and Cans:  This issue is not addressed in the Triangle J agenda list, but I feel that it is important to keep the issue alive.  Our landfills will not continue to support the current level of discarded recyclable materials, and I advocate State-wide mandatory recycling of bottles and cans.            

RECOMMENDATION

That the Council adopt:

ATTACHMENTS

1.  Regional Legislative Agenda, Triangle J Council of Governments.

   


RESOLUTION A

A RESOLUTION SUPPORTING THE 2001 REGIONAL LEGISLATIVE AGENDA OF THE TRIANGLE J COUNCIL OF GOVERNMENTS (2001-02-12/R-16a)

WHEREAS, the member governments of the Triangle J Council of Governments have compiled a legislative agenda for the purpose of conveying the information to the General Assembly for its review, consideration, and approval; and,

WHEREAS, the Town of Chapel Hill supports the regional efforts of the Triangle J;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby declares its support of the Triangle J Council of Governments’ 2001 Regional Legislative Agenda.

This the 12th day of February, 2001.


RESOLUTION B

A RESOLUTION SUPPORTING A STATEWIDE, MANDATORY PROGRAM FOR RECYCLING OF BOTTLES AND CANS (2001-02-12/R-16b)

WHEREAS, the State’s landfills will not be able to contain the growing amounts of discarded materials; and,

WHEREAS, the Town of Chapel Hill supports recycling of bottles and cans;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby declares its support for a State-wide, mandatory program for recycling of bottles and cans.

This the 12th day of February, 2001.


Regional Legislative Agenda

2001 Session of the North Carolina General Assembly

Priority Legislative Issues for Member Local Governments of the

Triangle J Council of Governments

 

            As the North Carolina General Assembly convenes its 2001 Session the member local governments of the Triangle J Council of Governments have compiled their respective legislative agendas for the purpose of conveying this important information to the General Assembly for its review, consideration and approval.  After taking into consideration the various challenges that will be confronting the legislature during its 2001 Session, it is the intent of Triangle J's member local governments that this Regional Legislative Agenda serve as an aid to the legislative delegations serving Lee, Chatham, Orange, Durham, Wake and Johnston Counties in assisting our cities, towns and counties with their legislative needs.   The following information has been set forth in priority form for this purpose and is supported by an attachment that provides rationale statements, data and other support material:

TOP PRIORITIES

Provide Revenue Options for Local Government:  In the face of almost insurmountable growth issues demanding local government services within Region J -- transportation, schools, water, sewer, elderly care, public safety, courts, solid waste, etc. --  it is imperative that the legislature provide options to local government to address these needs.  An overarching principle that we propose is that any local government revenue source that is presently available to one or more local governments in the state should be available to all local governments uniformly throughout the state.  Triangle J COG's local governments seek approval of a local option sales tax, impact fees and/or taxes, land transfer fees, increased court cost fees, etc. on a reasonable basis, and, should there be an option provided on sales tax, it is further expected that elimination of the application of this tax to food would be included.  New funding options approved by the legislature would be expected to be subject to final approval by local referendum.

Protect State-Shared Revenues for Local Government: While new revenue sources are pursued in an environment of significant state needs due to litigation, natural disasters, and state programs, it is equally as important to local government that existing state-shared local government revenues "e protected from degradation and/or repeal.  Commitments from legislative delegations are sought to protect existing local government revenue sources.

Growth Management and Smart Growth Strategy:  Paramount among the issues for Region J's local governments are growth management and "Smart Growth" strategies.  Recommendations have been provided to the state's Legislative Study Commission on Smart Growth setting forth five strategies for the development of a state policy on growth management and regional principles to guide growth.  This incentive based planning partnership calls upon the state to establish a clear and concise growth management policy based on these regional principles and calls for the creation of a "Smart Growth Toolbox" that would extend incentives for implementation of the state's policy.  The toolbox includes a number of inducements such as allowance of the "transfer of development rights," inclusionary zoning and housing programs, expanded local revenue sources for community and regional infrastructure, along with state funding for planning, infrastructure financing, affordable housing, environmental programs, open space/farm land, rural economic development, downtown/main street development, and other economic development incentives. Triangle J COG's local governments seek approval of the foregoing, along with adequate authority and financial support to provide adequate public facilities necessary to any "Smart Growth" strategy and state policy.

Transportation Planning and Funding:  Multi-modal planning for the myriad transportation needs of Region J is a substantive issue for the future of our local governments and the region.  Funding of the Transportation Improvements Plan (TIP), Metropolitan Planning Organizations (MPO's), Rural Planning Organizations (RPO's), Powell Bill Funds, local transit authorities and the Triangle Transit Authority are very important, and additional state funding is needed.  Moreover, Triangle J COG's local governments advocate and seek a fundamental change in the state's planning/organizational structure currently in use to allow for more formal input by local government and a funding formula that provides adequate financial resources to address the ever-growing transportation needs of our region. Follow up on RPO legislation is needed to address regional transportation planning needs.  Clearly the challenge for North Carolina is that adequate funding must be provided by the legislature to assure that our state can meet its many transportation needs.  Road and bridge maintenance funding is sought to adequately maintain existing infrastructure.  Additionally, the General Assembly is urged to grant local enabling authority for the use of video cameras for red light violation apprehension and enforcement to any town or city in the Triangle J region requesting such authority.  Finally, it is requested that the General Statutes be amended to require that the N.C. Department of Transportation pay for the non-betterment cost for relocation of city/county utilities that are relocated for a state highway improvement project -- inclusive of regional public utilities. 

OTHER PRIORITIES

Water Quality and Infrastructure:  Long term water quality planning and wastewater treatment needs continue to be important topics for the region. Hydrological modeling in Jordan Lake and protection measures for the Upper Neuse and Cape Fear Rivers are extremely important and will require support from state government.  Support from our local legislative delegations is sought for both financial resources and regulatory control to meet environmentally sound water and sewer infrastructure resources for the region.  Additional funding for the Clean Water Management Trust Fund is also sought.

Environmental Issues: Attention to air quality tops the environmental issues important to Region J local governments.  Support is sought for financial and tax incentives following up on the Ambient Air Quality Act (SB 953) enacted in 1999 to encourage the use of alternative fuels.  Linkage of air quality to the "Smart Growth Toolbox" and growth management strategies is important.  Solid waste management legislation is sought to strengthen local governments' role in recycling and authority to charge reasonable fees for recycling activities. Additionally, Triangle J COG's local governments seek funding of the state's Million Acres Initiative, along with other open space and green space concerns, inclusive of increased funding for farm land preservation and other similar economic development activities.

Aging and Long Term Care Needs for the Older Population:  Care for the growing population of older Americans within our communities is an integral part of the regional concerns of our local governments.   Triangle J COG's local governments seek appropriation of funds for "Home and Community Based Services" ($15 Million recurring), along with funds for "Senior Centers" ($3 Million).  Additional legislative needs sought during the 2001 Session include enhancements for direct care staff who assist with in-home care and long term care settings to address high turnover rates in care provider settings, statutory provisions defining criminal acts which would preclude long term care facilities from hiring employees with criminal records, and state protection for older residents in adult care homes that house mixed populations  (mental illness with substance abuse).

Affordable Housing:  Affordable housing, as an element of land use planning and growth management, is key to quality of life in the region.  Accordingly, Triangle J COG's local governments seek approval of statutory amendments that allow inclusionary housing provisions of the "Smart Growth Toolbox" referenced in the Growth Management Strategies of this agenda.  Appropriations by the General Assembly authorizing recurring funds for the North Carolina Housing Trust Fund to provide new home ownership opportunities, along with affordable rental homes for the disadvantaged are also sought.

Economic Development:  Continued financial support of the World Trade Center and its link to the global trade market is sought to assure continued economic vitality for the region.  Over time this support has been as much as $300,000 per year.  State support, in terms of existence and facilitation, of the various Foreign Trade Zones in the region and the state is also encouraged.

Electric Utility Deregulation:  Triangle J COG's local governments express strong concern about any decision by the legislature to deregulate the state's electric utility industry.  However, should deregulation occur in North Carolina, legislation should include provisions for local government decision-making authority regarding zoning, land-use controls, etc. and should bar any preemption of traditional local government authorities.  Conservation and emission pollution control requirements on electric generation and distribution must be a part of any deregulation legislation.  Clear authority for local governments to aggregate electric utility services is sought should deregulation occur.

Indigent and Uninsured Health Care Delivery Costs:  The influx of immigrant residents into the region has manifested itself in an ever-increasing demand on local health care services; subsequently, county governments find themselves bearing major expenses for indigent and uninsured health care delivery costs.  Accordingly, Triangle J COG's local governments seek legislation to provide state appropriations to finance health care delivery for immigrant residents who are not sponsored, and/or who are not insured regardless of nationality and citizenship.

Miscellaneous: 

Personnel:  Revisions to certain provisions of the North Carolina General Statutes are sought to clarify the application of particular personnel and employee guidelines.  In the general administration of the various aspects of the council of government's business affairs, the Council generally follows the provisions of GS 160A, Article 7, Part 4 regarding personnel for the public employees of the Council.  Language is sought in the 2001 Session to clearly state the authority upon which the Council conducts its business in this regard. 

State LRO Funding:  The state has for many years provided an appropriation of a small stipend (currently $55,000 per Lead Regional Organization through the Division of Community Assistance) in support of regional planning and economic development.  Triangle J seeks the continuation and substantial increase in this amount of funding (to $100,000) for Lead Regional Organizations.  Individual units of local government have faithfully enacted release resolutions as required by the appropriation legislation to demonstrate local support.  Based on the performance and experience of over ten years of local government support for this funding, it is further recommended that the need for resolutions to release these funds no longer be required.

Triangle J Council of Governments

Mission Statement

To serve as an intergovernmental organization for local elected officials that works proactively on regional issues in order to sustain and improve the quality of life for our citizens.