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Legislative Agenda Work
Session Minutes Present:
Mayor Ernie McAlister and Council Members Marla Dorrel, Mike Joyce,
Jennifer Robinson, Julie Robison and Nels Roseland Absent:
Mayor Pro Tem Jack Smith Also
present: Jack Cozort of Parker Poe Adams and Bernstein Mayor
McAlister informed the council of his conversations with the members of
the Wake County Legislative Delegation. They all appreciated He
outlined the schedule: The agenda is due to the Delegation by February 7.
This work session is to organize the agenda; the council will vote to
approve the agenda at the Mr.
Cozort echoed the mayor’s comments and suggested that the agenda be
focused and The
legislative agenda items suggested by staff and council for discussion
follow: Proposed NC Agenda Items Staff proposed: 1.
Legislation
updating the Town of 2.
Seek
authority to advertise public hearings and public bids on the Town of 3.
Legislation
to change the definition of “junked motor vehicle” pursuant to G.S.
160A-303.2(a) from a vehicle that appears to be worth less than $100 to a
vehicle that appears to be worth less than $500 (only applies to
unlicensed vehicles; Greenville, Henderson and Waynesville currently have
this definition; supports Healthy Neighborhoods Initiative). 4.
Local
modification to G.S. 160A-443 to allow the Town of 5.
Legislation
to allow payments to developers, outside of the bidding process.
(Purpose is to streamline this process – related to local
legislation proposed by Charlotte last year – would require payments
based on predetermined schedule instead). 6.
Monitor the
General Assembly for other issues affecting the Town of Council
Proposed: 1.
Support
legislation which separates the Wake County School Board from reporting to
the Wake County Commissioners, making them directly accountable to the
public it serves. 2.
Seek
legislative authority to raise funds locally for transportation and
transit. 3.
Seek
legislative authority for direct control of any funds generated in the
Town. 4.
Seek
legislative authority to have local control over state and federal funds
that are given to the region. 5.
Change the 6.
Change the
fuel tax distribution so that a high percentage of these funds are
returned to the local government where the fuel taxes are collected.
Restrict these funds to road widening projects. 7.
Block all
funding for the construction of the Light Rail project and only fund the
purchase of easements for the train for possible construction in the
future. (Current 8.
Seek
legislative authority for inclusionary zoning to assist the Town in
improving its inventory of affordable housing. 9.
Seek
legislative authority for transfer of developments rights to be used as a
tool for developing our Open Space Plan, particularly in our efforts to
protect the southwest area and areas near Discussion
follows: Item 1: Authority to make housekeeping changes to the Town of CHARTER AND RELATED LAWS CHARTER* __________
*
Editors Note: The charter, current as of
State Law References: General municipal powers, G.S. §
160A-11 et seq.; administration of council-manager cities, G.S. §
160A-147 et seq.; general ordinance-making power, G.S. § 160A-174;
relation between charter and general law, G.S. § 160A-1 et seq.;
modification of form of government, G.S. § 160A-101 et seq. __________
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE
TOWN OF The General Assembly of North Carolina enacts: Section
1. [Charter revised and consolidated.] The
charter of the Town of "THE CHARTER OF THE TOWN OF "ARTICLE
I. INCORPORATION AND GENERAL POWERS "Section
1.1. Incorporation and general powers. The
Town of Cary shall continue to be a body politic and corporate under the
name and style of the `Town of Cary,' and shall continue to be vested with
all property and rights which now belong to the town; shall have perpetual
succession; may have a common seal and alter and renew the same at
pleasure; may sue and be sued; may contract, may acquire and hold all such
property, real and personal, as may be devised, bequeathed, sold, or in
any manner conveyed or dedicated to it, or otherwise acquired by it, and
may from time to time hold or invest, sell, or dispose of the same; and
shall have and may exercise in conformity with this charter all municipal
powers, functions, rights, privileges and immunities of every name and
nature. "Section
1.2. Enumerated powers not exclusive. The
enumeration of particular powers by this charter shall not be held or
deemed to be exclusive but, in addition to the powers enumerated herein or
implied here by, or those appropriate to the exercise of such powers, the
Town of Cary shall have and may exercise all powers which are granted to
municipal corporations by the general laws of North Carolina and all
powers which, under the Constitution of North Carolina, it would be
competent for this charter specifically to enumerate. "Section
1.3. Exercise of powers. All
powers, functions, rights, privileges, and immunities of the town, its
officers, agencies or employees, shall be carried into execution as
provided by this charter, or, if this charter makes no provision, as
provided by ordinance or resolution of the town council and as provided by
the general laws of "Section
1.4. Form of government. The
form of government of the Town of "ARTICLE
II. CORPORATE BOUNDARIES* __________
*
State Law References: Extension of corporate limits, G.S. §
160A-24 et seq.; certain areas removed from within corporate limits, Laws
of N.C., 1979 Session, House Bill 1677, effective 6-30-80. __________
"Section
2.1. Existing corporate boundaries.
(a)
The corporate limits of the town shall be those existing at the
time of the ratification of this charter and as the same may be altered
from time to time in accordance with law. The town
State Law References: Pleading and proving city ordinances,
G.S. § 160A-79. Modified above to change reference
to “planning”department. Made “written description”
optional, not mandatory, to match current practice but to also give the
Town flexibility. Cleaned up the “[sic]” reference. Deleted (b); this
would be handled by staff other than the clerk according to existing G.S. G.S. reference for above is
160A-22 "Section
2.2. Extension of corporate boundaries. All
extensions of the corporate boundaries shall be governed by the General
Statutes of "ARTICLE
III. MAYOR AND TOWN COUNCIL "Section
3.1. Form of government. The
government of the town and the general management and control of all its
affairs shall be vested in a town council, which shall be elected and
shall exercise its powers in the manner hereinafter provided, except that
the town manager shall have the authority hereinafter specified. "Section
3.2. Number and qualification of
(a)
The town council shall consist of six (6) members, two (2) of whom
shall be elected at large by all the qualified voters of the town, and
four (4) of whom shall be elected by the qualified voters of each of four
(4) single-member electoral districts, respectively, as established by the
town council pursuant to the law. Terms of council members shall be
overlapping four-year terms. In the 2001 election and quadrennially
thereafter, there shall be elected, for four-year terms, one (1) council
member from electoral district A, one (1) council member from electoral
district C, and one (1) council member from the town at large. In the 2003
election and quadrennially thereafter, there shall be elected, for
four-year terms, one (1) council member from electoral district B, one (1)
council member from electoral district D, and one (1) council member from
the town at large.
(b)
The mayor shall be elected by all the qualified voters of the town,
for a term of four (4) years, in the 2003 election and quadrennially
thereafter. The mayor shall have the right to vote on all matters before
the town council.
(c)
The method of election of the mayor and town council shall be the
nonpartisan election and runoff method to be conducted as provided in G.S.
163-293. (Ord. of Changed councilmen to council
members to be gender neutral
Editors Note: By an ordinance of The
electoral districts are now described in an ordinance of "Section
1. Pursuant to G.S. 160A-23(b), the boundaries of the four (4) electoral
districts, designated A, B, C, and D, are hereby amended to correct
population imbalances among districts based upon the federal US Census of
Population conducted in 2000, and are illustrated on a map entitled
"Cary, North Carolina, Official Map of Electoral Precincts and
Council Districts", adopted by the Town Council May 24, 2001, which
is hereby adopted by reference and made a part hereof as fully as if
descriptions of the district boundaries shown thereon were set out herein. "Section
2. The map herein above described shall be the official map of the
electoral districts until officially revised by the Town Council."
State Law References: Electoral districts, G.S. § 160A-23;
G.S. § 163-293. "Section
3.3. Legislative powers. All
the legislative powers of the town shall be vested in the mayor and town
council. The mayor and town council shall meet at the time prescribed by
law following each election, and those elected as aforesaid shall take the
oath of office as prescribed by law to perform faithfully the duties of
their respective offices. The mayor shall have all rights, duties, and
responsibilities of a councilman. A mayor pro tempore shall be elected by
the town council from among its own members and shall hold office as mayor
pro tempore during the pleasure of the council. The organization of the -council
shall take place notwithstanding the absence, death, refusal to serve,
failure to qualify, or nonelection of one or more members, but at least a
quorum of the members must be present. Any member entitled to make the
aforesaid oath, who was not present at the time fixed therefor, may make
oath at any time thereafter. (Ord. of
State Law References: Forms of oaths, G.S. § 11-11. Delete typo above
Deleted above – covered by G.S.
160A-68 and 160A-71 "Section
3.5. General procedure. A
majority of the members of the town council shall constitute a quorum. Its
meetings shall be public, and the mayor, who shall be the official head of
the town, shall, if present, preside and shall have the same power as the
other members of the council to vote upon all measures coming before it,
but shall have no power to veto. In the absence of the mayor, the mayor
pro tempore of the council shall preside, and in the absence of both, a
chairman pro tempore shall be chosen. The town clerk shall be ex officio
clerk of the town council, and shall keep records of its proceedings; but
in case of (Ord. of
State Law References: Meetings of public bodies, G.S. §
143-318.9 et seq. Changed masculine reference to
clerk and made generic. Deleted last sentence above –
covered by G.S. 160A-75 Section
3.6. Vacancies. Vacancies
in the town council shall be filled by the council for the remainder of
the unexpired terms. In case of a vacancy in the office of mayor, the
remaining members of the council shall choose from their own number his
successor for the unexpired term. "Section
3.7. Compensation.
Deleted above – covered by G.S.
160A-162
(b)
The council may fix its own compensation and the compensation of
the mayor and any other elected officers of the town, in such sums as may
be just and reasonable. Adjustments in the compensation of the mayor and
any other elected officers may be made effective at such time as the
council may direct, but the salary of elected officers shall not be
reduced during the then current term of office unless he shall agree
thereto. Elected officers shall be entitled to reimbursement for actual
expenses incurred in the course of performing their official duties at
rates not in excess of those allowed to other town officers and employees.
(Laws of
N.C. 1973, Ch. 357, § 1) "Section
3.8. The
town council shall appoint a town manager, a town attorney, a town clerk,
and a town treasurer, and may authorize the appointment of such associates
or assistants to such officers as the council may deem necessary, all who
shall hold office at the pleasure of the council and receive such
compensation as the council may provide. Moved the current 3.9(f) to this
section – result is that this is a comprehensive statement about all
appointed officers. Reference in original text of 3.9(f) to “town
accountant” removed, because the council does not appoint a “town
accountant; if reference to town accountant is deleted, we’ll follow up
with an ordinance amendment to completely delete reference to “town
accountant” in Chapter 2 of the Town Code.
Moved the town manager language to
Section 3.9 below – this section now deals with all appointed officers "Section
3.9. Powers of town manager Deleted “[;officers appointed by
council]. since moving (f) below to the above section completed clarified
this The
town council shall appoint a town manager, who shall be the administrative
head of the town government, and shall be responsible for the
administration of all departments. Above language was moved from Sec.
3.8 to Sec. 3.9. The words “merit only” is deleted and substituted
with the words “executive and administrative qualities” to match the
language in the G.S. G.S. reference is 160A-147 The
town manager shall:
(a)
Be the administrative head of the town government;
(b)
See that within the town the laws of the state and the ordinances,
resolutions, and regulations of the council are faithfully executed;
(c)
Attend all meetings of the council, and recommend for adoption such
measures as he shall deem expedient;
(d)
Make reports to the council from time to time upon the affairs of
the town and keep the council fully advised of the town's financial
condition and its future financial needs;
(e)
Appoint and remove all heads of departments Above language removed, because
it’s covered in the Personnel Ordinance, which is part of the Town Code
and is adopted by council. G.S. reference is 160A-148
Above language moved to Sec. 3.8
State Law References: Municipal attorney, G.S. § 160A-173;
municipal clerk, G.S. § 160A-171. "Section
3.10. Town attorney. The
town attorney shall be the legal advisor to the town and perform such
duties as may be specified by the council, or specified by law. The attorney
shall be appointed with regard to merit only, and need not be a resident
of the town when appointed. The attorney shall hold office at the pleasure
of the town council, and shall receive such compensation as it shall fix
by ordinance. Modified this section to mirror
language in 3.9, appointment of town manager, except used the word
“merit” because G.S. does not address other language. G.S. reference is 160A-173 "Section
3.11. Town clerk. The
town clerk shall be the secretary to the town council, Modified this section to mirror
language in 3.9, appointment of town manager, except used the word
“merit” because G.S. does not address other language. G.S. reference is 160A-171 "Section
3.12. Town treasurer. The
town treasurer shall be appointed with regard to merit only, and need not
be a resident of the town when appointed. The treasurer shall hold office
at the pleasure of the town council, and shall receive such compensation
as it shall fix by ordinance.
The town
treasurer shall be custodian of all funds of the town. The treasurer shall
execute a bond payable to the town, and at its expense, in such sum and
with such sureties as shall be prescribed and approved by the council
conditioned upon the faithful performance of the duties of
(a)
Manage the cash flows of the town.
(b)
Be responsible for the investment of excess cash under the
direction of the finance director.
(c)
Keep appropriate records for cash flow and investments.
(d)
Make reports as requested by the town manager, the finance director
and the council. Modified this section to mirror
language in 3.9, appointment of town manager, except used the word
“merit” because G.S. does not address other language. Also, included
language that is in Chapter 2 of the Town Code that was not in the
charter. Also, changed masculine references to be gender neutral.
This is being deleted because the
council does not appoint a town accountant.
This is being deleted because the
council does not appoint a town engineer. "Section
3.15. Combination of offices. The
town council may combine the office of town treasurer with the offices of
town clerk Removed reference to town
accountant, since the council does not appoint a town accountant. Cleaned
up [sic] reference "Section
3.16. Terms of commissions, committees and boards. The
town council is authorized to fix the terms of members of all commissions,
committees and boards of the town regardless of the terms established by
general statute or other law for particular commissions, committees or
boards; to appoint the chairman or other presiding officer of each
commission, committee or board of the town, regardless of the provisions
of any general statute or other law; and to limit the number of terms
which any person may serve on any commission, committee or board of the
town.
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