FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Public Hearing on Potential Legislative Requests
DATE: March 3, 2003
The purpose of tonight’s hearing is to receive public comment on proposals for inclusion in the Town’s Legislative Program for the upcoming session of the N.C. General Assembly.
After tonight’s hearing, we recommend that the Council adopt a legislative program for 2003 (Resolution A).
We also recommend adoption of Resolution B, which would request increased State staffing for Sedimentation and Erosion Control Enforcement.
At the January 29 Public Forum on the Budget, the Council identified potential issues for discussion with the Legislative Delegation. The items are listed below under the “Discussion” section. On February 24, the Council called for a Public Hearing to receive comment on the Town’s Legislative Program.
The Council met with the Orange County Legislative Delegation on February 24 to discuss potential topics for the Legislative Program. Tonight’s hearing is an opportunity for public comment.
The General Assembly convened this year on January 29. The deadline for submittal of local bills to Legislative Bill drafting is March 12 for the N.C. Senate and March 19 for the N.C. House.
DISCUSSION
On February 24, the Council listed the following topics for consideration as a part of the Town’s Legislative Program for 2003:
· Seek a Bill to Establish a Utility Tax District. A Utility Tax District would enable the Town to levy a tax on utility bills to fund the burial of electric utility lines. The N.C. General Assembly has authorized this legislation for Dare County. The Legislature permitted Dare County to create one or more Utility Tax Districts for the specific purpose of “raising and expending funds to underground electric utility lines in the district.” The Dare County district could levy up to $1 per month for each residential electrical customer and up to $5 per month on each commercial or industrial electrical customer. Attachment 1 is a preliminary draft of the Dare County legislation modified for Chapel Hill.
The Council also has considered pursuing other legislative interests, subject to the opportunities that become available:
· Common Funding Source for Transportation Infrastructure Needs. Additional funding, distributed equitably through the region, is needed for transportation infrastructure. The 2001 Regional Transportation Strategy for the Research Triangle Region of North Carolina identified between $50 million and $60 million that could be raised through funding mechanisms such as increases to vehicle registration, driver’s license, or other fees, combined with a 2-cent fuel tax increase and revisions to the Highway Use Tax.
· Equity of Funding for Orange County within Highway Division 7. Orange County is in Division 7 for purposes of administering the allocation of federal and State transportation funding as part of the State Transportation Allocation Formula. Division 7 is composed of Guilford, Orange, Alamance, Caswell, and Rockingham counties. The draft State Transportation Improvement Program would provide lower per capita funding to Orange County than the Division average and all other counties except Alamance. We believe that it would be reasonable to seek a larger proportion of funding in the Transportation Improvement Program, using the district’s average per capita revenue as a goal.
Notice of tonight’s Public Hearing was posted in The Chapel Hill News on Sunday, March 2 and was posted on the Town’s web site on Tuesday, February 25.
NEXT STEPS
The Council may wish to consider adding items to the list of those included in the proposed resolution or deleting some of those already listed. In order to meet the March 12 Legislative deadline, the Council will need to adopt its legislative program at tonight’s meeting.
We understand that it may be possible under the rules of the General Assembly for a “blank bill” to be filed in the event it is later determined that special legislation is to be requested. One possible subject of such legislation might be to allow the Town to provide campaign finance assistance to candidates for Town office. The Council might choose to seek such legislation depending on the information it receives in response to the petition submitted on this issue on February 24, 2003. Resolution A includes a request for a “blank bill” if the Delegation determines that it is appropriate.
A report on the campaign finance issue is tentatively scheduled to come back to the Council on March 24.
RECOMMENDATION
We recommend that the Council adopt the attached Resolution A, adopting a legislative program for 2003.
We also recommend adoption of Resolution B, which would request increased State staffing for Sedimentation and Erosion Control Enforcement.
ATTACHMENTS
1. Preliminary Draft of Dare County Legislation Modified for Chapel Hill (p. 7).
2. Advertisement for March 3 Public Hearing (p. 11).
3. February 24 Memorandum to Council (p. 12).
A RESOLUTION ESTABLISHING THE TOWN OF CHAPEL HILL’S LEGISLATIVE PROGRAM FOR THE UPCOMING SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY (2003-03-03/R-1a)
WHEREAS, the Council of the Town of Chapel Hill that the Council held a public hearing on March 3, 2003, at 7 p.m. in the Council Chambers of Town Hall on proposed items for inclusion in the Town’s legislative program for the 2003 Long Session of the North Carolina General Assembly; and
WHEREAS, the Council conducted a meeting with the Orange County Legislative Delegation on February 24, 2003, to discuss potential legislative issues of interest to the Town;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby transmits the following as its Legislative Program for consideration by the General Assembly in the upcoming Long Session:
· Bill to Establish a Utility Tax District to fund the burial of electric utility lines
BE IT FURTHER RESOLVED that the Council endorses pursuing other Legislative interests, subject to the opportunities that become available:
· Common Funding Source for Transportation Infrastructure Needs
· Equity of Funding for Orange County within Highway Division 7
BE IT FURTHER RESOLVED that the Council requests that the Orange County Legislative Delegation consider submittal of a “blank bill” in order to afford an opportunity to address other issues of local interest that may be identified during this legislative session.
This the 3rd day of March, 2003.
A RESOLUTION REQUESTING INCREASED STATE STAFFING FOR SEDIMENTATION AND EROSION CONTROL ENFORCEMENT (2003-03-03/R-1b)
WHEREAS, the N.C. Sedimentation Control Commission has established rules and regulations to protect the environment from sedimentation and soil erosion; and
WHEREAS, the State staff available to inspect and enforce the sedimentation and erosion control laws is limited; and
WHEREAS, additional staffing will be necessary because of the volume of University development during the next decade;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests increased State staffing for sedimentation and erosion control enforcement.
This the 3rd day of March, 2003.