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HomeMy WebLinkAboutAgenda - 05-03-2000-9fORANGE COUNTY .BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 3, 2000 Action Age da Item No. n SUBJECT: Board of Commissioners Legislative Agenda for 2000 DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: John Link, ext 2300 Town of Chapel Hill's Potential Legislative Items Information TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968501 - Durham fi$8-7337 Mebane 33fi-227-2031 PURPOSE: To discuss potential items for inclusion in the Board of Commissioners/Orange County's legislative agenda package for the 2000 North Carolina General Assembly Session. BACKGROUND: The 2000 North Carolina General Assembly Session begins on May 8, 2000. This is planned to be a "short session" of the Legislature. The BOCC has expressed a desire to formulate a legislative package to pursue for the 2000 North Carolina General Assembly Session. The Board has previously discussed and approved a coordinated plan for making direct contact with legislators and legislative committees and becoming more actively involved in the legislative process in support of Orange County's legislative package. Information regarding the County's 1999 legislative activities as well as the legislative areas available for consideration during the "short session" has also been provided to the Board by the Caunty Attorney. The Board now needs to move forward with determining the actual legislative items to pursue during the 2000 "short session". The Board previously discussed "brain-storming" on an individual basis to develop potential items to pursue during the 2000 legislative session. It was also noted that other additional sources for potent"a~l legislative items were the Towns and the school systems, which Staff contacted. Infomnation from the Town of Chapel Hill on its legislative plans is attached. The Town of Carrbaro stated that while town officials had recently met with Orange County's legislative delegation, no legislative items were on the table for this year, but that there would probably be some next year during the General Assembly's "long session". The Town of Hillsborough noted that it was only pursuing one item, which was the de-annexation of a portion of Fox Hill Farms subdivision. Chapel Hill-Carrboro City Schools reported that they were generally following statewide legislation that was proposed by the state association, but that no action had occurred on the local level regarding specific legislation. And information from Orange County Schools was that no legislative items were being discussed this year. From all of this information, the Board needs to determine a list of final potential legislative items which can be scheduled far public hearing on May 1 fi, 2000. The County Attorney will also need this list prior to May 16t" to prepare draft bills for potential items. After the public hearing,'the Board will need to approve the final list ofi legislative agenda items for delivery to the Orange County's legislative delegation- and to the bill drafting division of the General Assembly. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): The Manager recommends that the Board proceed as it desires. ..~ MEMORANDUM TO: Mayor and Town Council FROM: Council Member Bill Strom. AGENDA # 14a(2) SUBJECT: Resolution Seeking a Pemaan~t Prohibition on Billboard Advertising DATE: Apri124, 2000 The attached resolution would request that the Orange County legislative delegation prohibit billboard advertisements along Interstate 40. BACKGROUND Ott April 14, 2000, the Town Council met with members of the Town's Legislative Delegation to discuss potential legislative issues of intea~est to the Town. At that meeting, a Council member raised the issue of a moratorium on billboards along Interstate 40. On April 19, the Point L.egslarive ?ransportation Oversight Committee, which was assigned to study issues related to the er+actioa of outdoor advertising on a portiom of Interstate Highway 40 and had imposed a billboard moratorium pending the results of the study, took no action on the matter. Therefore, the moratorium will expire on 7uly 1, 2000, and billboard construction could begin after that date unless the General Assembly enacts legislation that would prohibit bil]boards. RECpMMENDATION That the Council approve the attached resolution, askipg the Orange County legislative delegation to seek a petu~aneatt ban on billboard advertisements along Interstate 40. ATTACHMENTS 1. A Resolution Requesting That Orange County Delegates Seek a Permanent Prohibition on Billboard Advertising Along Interstate 40. 2 A RESOLUTION REQUESTING THAT ORANGE COUNTY DELEGATES TO THE NORTS CAROLIINA GENERAL ASSEMBLY SEEK A PERMANENT PROHIBITION ON BII.LBOARD ADVERTISEMENTS ALONG INTERSTATE 40 (2000-0424/R 1'T) 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 Orango-Alamance County line to the municipal limits of the City of Wilmixigtnn should be prohibited; aid, WHEREAS, pending the report of the Committee, a moratorium was imposed on the erection of new outdoor advertising alcmg 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 aiet with members of the local legislative delegaxion on April 14, 2000, W discuss this and other upcoming legislative issues; and, WHEREAS, the Joint Legislative Transportation Oversight Committer took no action on the billboard matter at its meeting of April 19; and, WHEF.BAS, 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 1T RESOLVED that the Council requests that local legislative delegates seek a perman~t prohibition on billboard advertisements along Interstate 40. 4 This the 24°' day of April, 2000. 5 AT!"ACSIb>~N'I~ Z GENERAL ASSEM$I.Y OF NDRTH CARDLINA w SESSION 1999 SESSION LAW 1999-436 SENATE BILL B29 AN ACT TD DIRECT THE JOINT LEGISLATIVE TRANSPORTATIDN OVERSIGHT COMMITTEE TO ST(7DY ISSUES RELATED TO PROHIBITING THE ERECTION OF OUTDOOR ADVERTISING ON A PORTION OF INTERSTATE HIGxwAY 40 AND TO IMPOSE A MORATORIUM PENDING IAE 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 i95ue 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 aeon 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 exertion of new outdoor ~~ advertising along the portion of Interstate Highway 90 from the orang®-Alamance county line to the municipal limiCS of the City of Wilmington. The moratorium imposed by this section shall not apply to outdoor advertising described fn G.S. 136-129 (1), (21, or f3). 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 o£ July, 3999. 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 http:f/ww~u.ncgastate.ac.us/htm11999/billslratified/senatelsl,i1~829.fu11_html 4113100 MEMORANDU14i TO: Mayor and Town Council FROM: W. Calvin Horton, Town Manager Ralph D. I{arpinos, Town Attorney SUBJECT: Reslution Calling Hearing on Proposed Legislation DATE: Apri124, 2000 AGENDA #13 The attached resolution would- call a hearing for May 8, 2000, to receive public continent an potential items to be included in the Council's Legislative Frograrn for the upcoming short session of the North Carolina Genera] Assembly. BACKGRpUND On April l4, 2000, the Town Council met wick members of the Town's legislative Delegation to discuss potential legislative issues of interest to the Towtt. 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 fora "short session" this year on May 8, 2000. Local bills need `'~ to be submitted w Bill Drafting by May 17, 2000, and filed for introduction in the Senate ax 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 rbquested on the bill; that the bill is non-controversial; artd that the bill is approved for introduction by each member of the local delegation. DLSCUSSION Qn ,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 boon the subject of recent Council policy resolutions. Legislative issttes for which the Council may wish to call a public hearing and adopt as part of its legislative program for the upconvttg session of the General Assembly include: -increasing the spending limit on projects conswcced by Tawn 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. `~/ Z 7 In addition, the Council may wish to receive public input prior to adopting a tiesolution on other legislative matters of interest including: extension of the moratorium on billboards along Interstate 40; -revision of statutory authority regarding sWrmwater 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. RECOMMENDATION That the Council adopt the attached resolution calling a gublic hearing for May S, 2000, to receive comment fmm the public prior to considering adoption of a legislative program for the Tvwn, with whatever envisions the Council deterrtines. Because of the deadlines mentioned above for subtrlitang local bills, we would propose that the Council consider adopting a legislative pmgracn immediately following the May 8 hearing. ATTAC~IIVIENTS 1. Apri17, 2000 Memorandum on potential legislative issues 2. Copy of Session Law 199936 on Ill Billboards ~, ~, A RESOLUTION CALLING A PUBLIC HEARII~G FOR MAY S, 2000, TO RECEIVE `-~ PUBLIC CpMMENT ON PROP05ALS FOR CONSIDERATION AS PART OF THE TOWN OF CHAPEL HII.L'3 LEGLSLATIVE PROGRAM FOR THE UPCOMING SESSIpN OF THE NORTI~I CAROLINA GENERAL ASSEMBLY (Z000.04.241R-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 an 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 far signal violations; -allow enforcement of parking regulations on private propezry, upon request of the owner. Gcncral Legislation tc: -extension of the moratorium an billboards along Interstate 40; -revision of statutory authority regarding stormwater utilities. BE 1T FCTRTHER 1tESDLVED 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 24a' day of April, 2000. ~• 4 _ ATTACHMENT 1 ~```' MEMORAAIDUM TO: Mayor and Town Council FROM: W. Calvin Horton, Town Manager Ralph D. Karpinos, Town Attorney SUB]ECT: .Potential Issues for Discussion at Legislative Breakfast DATE: April 7, 2000 Lasmd 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 Genera! Assembly is meeting in a "Short Session" this year will likely limit the opportunity for local bills to be considered. Statewide L~slation 1. Transportation issues. a. Metropolitan Planning Bill. Discussions are on-going among local leaders and state ~"' tepresentauves regarding proposed legislation to consolidate metropolitan planning organizations. The terms under which the Durham-Chapel Hill-Carberro 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 (NCFfA) has its identified key legislative priorities for the upcoming session of the General Assetaxbly. These include continued funding of the public transportation program in the current State budget. A full description of NGPTA's is attached. a. Growth Mara ement Last fall we provided the Council with a report on the establishment of the Commission to Address Smart Growth Management and Development. The Camtaissio~, vvas crea[ed 6Y the General Assembly to study growth issues and recommend initiatives to peornote coordination among local, regional and state governments. It is anticipated by observers- at the Lrague 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. Can Elections Eill_ 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 mill would affect how contributions can be made and moneys spent in ~ North Carolina election campaigns. 10 4. 5tormwater 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 stormwacer quality as well as stormwater quantity cottcerrrs. A recent judicial decision interprets the current statute as not a]lowing use of stvrmwater utility fees for all these purposes. This Iegislation is of interest to local governments throughout Notch Carolina. The Towti continues to consider the creation of a stormwater management program funded by utility fees. . Los_a1 Itub 1. Increase in the sDendir~4 [irreit orr protects constructed by Town staff. North Carolina General Statute Sec. 143-135 currently limits constructaan 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. lri other cases, the requests have been temporary (one to two years) and/or to allow a locality to complete a specific project. Based an 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 conranue 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 m $175,000 total cost or $75,400 in labor costs, possibly expressly Iimited to StneetsCape. 2. Allow use,,,, f 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. hori to issiee rkin tickets on rivals roe .North Carolina General 5iatute Sec. 160A-301(d) cutrerttly allows the Town, upon the request of a private property owner or person in control, co enact an arditranCe regulating pazking on the owner's property. The statute is limited to~certain types of property, including, for example, packing areas of shopping centers and apartment complexes. During recent Council discussions regarding the regulation of residential rental properties it was suggested that landlords have dlfFiculty preventing the intermittent etas of front yards of residential lots for the parking of cars. Tf this statute were expanded ta- it~Tude individual residential lots, an owner or landlord could ask the Town to enact an ordinan~t under which the Town could issue pazking tickets to improperly parked cars. (Currerrtiy, that Town regtilates front yard parking in historic districts, but does so by issuance of a zoning violation notice to the property owner.)