WILMINGTON, NC– A Wake County Superior Court judge ruled Monday that the petition process that terminated the Monkey Junction annexation is unconstitutional. Monday, Judge Shannon Joseph ruled on the side of five cities fighting to declare the petition process unconstitutional.

Property owners used that process last year to defeat the City of Wilmington's plans to annex part of New Hanover County.

Wilmington and four other cities filed suit , claiming the state's new annexation laws were unconstitutional. In December, another Wake County judge denied an injunction that would have put a hold on certifying the petitions.

Attorney James Eldridge, who intervened and represented property owners in Monday's hearing, disagrees with the ruling, based on the arguments he presented.

I&apo;m disappointed that the judge agreed with the city's contentions because I believed in our arguments and I had cases that were directly on point and that directly countered what the city was arguing,” Eldridge says.

The Wilmington attorney anticipates an appeal but says he will have to wait and hear what the acting city attorney has to say about what this means for residents who live in Monkey Junction.

“I don't really know what that means with respect to the Monkey Junction Annexation. Although I would venture a guess that the city would take the position that the annexation is effective.”

Since the petition process is also part of the state's new annexation law, the potential impact of the ruling is far reaching.

Judge Joseph, who declared the petitions unconstitutional, was appointed to the Superior Court bench in Wake County by former Governor Mike Easley.

By Nikki Bussey
3/27/12
(WECT)

The Chapel Hill Town Council has banned the use of cell phones behind the wheel, including the use of hands-free mobile devices by drivers. The ban, which is the first of its kind in North Carolina, is scheduled to go into effect June 1. The new ordinance makes cellphone use behind the wheel a secondary offense, meaning an officer must first stop a vehicle for another reason before issuing a citation for violating the ban. North Carolina state law prohibits drivers age 18 and under from using cellphones and also makes texting while driving illegal when a car is in motion. Ten states and the District of Columbia have bans on using hand-held cellphones while driving.

by Adam Owens
WRAL NEWS, 3/26/12

An Internet sweepstakes company owned by George A. “Tripp” Sloane III, a member of the state Board of Transportation, owes the city of Wilmington $376,565 in privilege license taxes and late fees. Sloane, a Brunswick County developer, is also listed as the manager of the Cyber Spot LLC, which has about 60 Internet sweepstakes machines at its location at 29 Van Campen Blvd. in Wilmington. “My attorneys are working with the city on the issue,” Sloane said Monday. “Other than that I don’t have any comment.” It is unclear if Gov. Beverly Perdue knew of the debt to the city when she appointed Sloane to the state board last year. The state has a two-page application for boards and commissions. On the second page, question 11 asks: “Are you, or any company in which you or your spouse has a controlling interest, delinquent in paying any local, state or federal taxes?” Mark Johnson, the deputy communications director for Perdue, declined to release Sloane’s completed application. Johnson said it would be considered private because of personnel confidentiality laws. “Gov. Perdue believes everyone should pay their taxes, and Mr. Sloane is working through his lawyers to settle this dispute with the city,” Johnson said in a statement, adding that Sloane will remain on the board.

In Wilmington, like other areas across the state, the General Assembly’s 2010 ban on sweepstakes machines is not strictly enforced because of ongoing legal challenges. Wilmington instituted the privilege fees and enacted restrictive zoning rules in part to deal with the proliferation of sweepstakes machines. Since June 2010, the city has charged sweepstakes operators substantial privilege fees to operate, and Sloane is among sweepstakes operators who haven’t paid their full tab. On Feb. 3, the city mailed letters to registered agents of sweepstakes businesses who owed a combined $1.2 million in unpaid privilege fees and fines. Each of the machines in Cyber Spot was taxed at $1,500 twice a year. Including late fees, Sloane owes $108,750 from June 2010 to November 2010, $106,875 from December 2010 to May 2011, $55,625 from June 2011 to November 2011 and $105,225 from December 2011 to May 2012, according to the Feb. 3 letter. On June 30, 2011, someone made a $38,000 payment toward the balance. Gaming operators are fighting the privilege fees in court.

Perdue appointed Sloane to the 19-member state Board of Transportation last year, according to the state Department of Transportation. He represents rural transportation issues as an at-large member. He was sworn in on Oct. 6, 2011, said Tammy Stewart, a DOT spokeswoman. In 2011, Sloane gave Perdue’s campaign $5,000, but was refunded $1,000 by the campaign because the contribution exceeded the $4,000 maximum donation limit. Sloane also gave Perdue’s campaign $4,000 in 2006 and $4,000 in 2008, according to the State Board of Elections.

by Julian March and Patrick Gannon,
WILMINGTON STAR-NEWS, 3/26/12

GREENVILLE, N.C. -At a transportation summit meeting at East Carolina University, she told business and government leaders the key is to start with the roads, but it could involve you paying more money.

Already North Carolina has the fifth highest gas tax rate in the county. There’s been talk of adding fares on our ferries and tolls on I-95. The governor said that the toll may be necessary.

“There is not a fairy in heaven that sprinkles transportation dollars on North Carolina, and says, ‘Here it is,'” said Governor Perdue.

So the governor said the money has to come from somewhere else, namely, the people of North Carolina. But right now she’s asking for one thing: “That the citizens of this state have the courage and the ability to understand you’ve gotta pay for infrastructure improvements, that they don’t come easily.”

She’s talking about improvements like the ones proposed for Interstate 95. The state Department of Transportation wants to use tolls to pay for four and a half billion dollars worth of renovations to the highway.

“It’s like a truck haven for international commerce, the roads are crowded, they’re dangerous,” said Governor Perdue.

The governor said widening the road from six to eight lanes and fixing the pavement could help keep drivers safe, and so the state has to keep tolls on the table.

“I believe you gotta take the political risk of examining every viable option,” she said.

That means adding money to other major transportation projects as well.

“We have to continue to fight for transportation dollars to make 17, 70, and 64 interstate quality. you’ve got to do that if we’re going to succeed economically,” said Perdue.

The governor said improving the roads will help link North Carolina to the rest of the world, making the state more economically competitive. But she’s not in favor of ferry tolls, which she blocked.

By: Madeleine Wright | Eyewitness News 9
Published: March 16, 2012
Updated: March 16, 2012 – 6:17 PM

The Davidson County Board of Commissioners approved a resolution Tuesday night sending a local bill to Raleigh that if passed, will give the county some authority in responding to any future annexation attempts made by municipalities bordering the county.

Just 12 days after board vice-chairman Larry Potts shared his idea of a sending the bill to the General Assembly, commissioners showed their support, approving the resolution by a 6-0 vote. Commissioner Fred McClure was excused from the meeting.

Potts wants to see a law that would grant the county the right to ward off any annexation attempts by a majority vote from the board. The Legislature approved a similar bill from Chatham County officials last year that gave the county some power against annexation attempts from Cary and Apex.

Conversely, commissioners can approve an annexation if they feel it is beneficial. Potts said he has been in contact with local lawmakers, Reps. Rayne Brown and Jerry Dockham and that the two were receptive to the idea.

The submitted draft states: “No city, primarily located within the territory of Davidson County, may adopt an annexation ordinance under any of the provisions of Article 4A of Chapter 160A of the General Statutes that applies to any territory located within Davidson County unless the board of commissioners of Davidson County, has, prior to the adoption of the annexation ordinance, approved a resolution consenting to that annexation.”

Potts said his main goal with the bill is to protect the citizens of Davidson County who don’t want to be possibly annexed in the future by cities like High Point and Winston-Salem that border parts of Davidson County. Commissioners felt having a layer of protection with the ordinance was a smart move.

“It’s pretty simple,” Potts said. “The intent is to stop cross-county annexation without our approval. We’re elected by the citizens of our county to protect the dirt on our line.”

The resolution, along with letters of support from the towns of Wallburg and Midway, will be sent to the Legislature later this week, Potts noted.

In other news, the board;

• Passed a resolution requesting funds from the state to help with road improvement projects at the new middle school in northern Davidson County. The N.C. Department of Transportation recently said a roundabout at the intersection of Midway School and Hoy Long roads was needed to best manage anticipated increased traffic. Cost estimates for a roundabout are $500,000. Commissioners said they have been in contact with Dockham who has told the board he could shore up $150,000 in state funds to help with the project.

• Approved a small expansion at Davidson County Community College. The college matched a $125,000 state equipment grant with existing 2011-12 budget funds and will add a 6,350 square-foot building to store equipment and supplies. Because county dollars were involved — even though no additional funds were needed — commissioners had to approve the request. The expansion will free up space in the Sinclair Building shop that had been housing much of the equipment.

Published: Tuesday, March 13, 2012 at 12:30 a.m.
David Bodenheimer can be reached at 249-3981, ext. 227, or at david.bodenheimer@the-dispatch.com.

WINSTON-SALEM, N.C. — Winston-Salem Mayor Allen Joines launched a campaign to fight childhood obesity on Tuesday, including partnerships among organizations across the city, workshops, an exercise DVD and an interactive website that includes, among other things, talking vegetables and a video of the mayor doing pushups.

The Educational Childhood Obesity Prevention Program links the Gateway YWCA, the Winston-Salem/Forsyth County school system, and the Winston-Salem chapter of The Links, Incorporated, which advocates for women of color. The goal is to educate children ages 7 to 10 — and their parents — about the importance of good nutrition and enough exercise to prevent diseases such as diabetes.

Joines said he became interested in the problems overweight children face after reading an article in the New England Journal of Medicine about childhood obesity. The U.S. Conference of Mayors has also asked mayors around the country to promote healthy eating and exercise among children, Joines said.

“This generation of young people may be the first one that actually has a shorter life span than their parents,” Joines said.

Joines’ program centers around a website that includes videos of dances for children to mimic, cartoon vegetables that talk, and ideas for playing outside, including a hopscotch diagram and a pattern to make a kite.

Posted on: 5:38 am, March 14, 2012
This article was written by Laura Graff and originally published by The Winston-Salem Journal.

Chapel Hill’s cell-phone debate got put on hold Monday night when a proposed ban on calls while driving fell two votes short.

To pass on a first reading, the ban needed six votes. The council deadlocked 4-4, with member Ed Harrison absent because he was representing the town at a regional transit meeting.

The issue will come back for a second reading March 26, when it will only need five votes.

The town has discussed the issue for two years. Another yes vote for a full ban next time could make Chapel Hill the first in the nation to enact such a ban, according to the town attorney. Evanston, Ill., which has had a local ban on hand-held calls, is considering adding hands-free calls to its ban.

Chapel Hill’s proposal calls for banning either hands-held cell phone calls or all cell-phone calls while driving in town limits.

It would make such calls a secondary offense, punishable by a $25 fine, when police stop someone for another violation such as speeding. It would make exceptions for emergencies and calls with family members consistent with the state’s cell phone ban for drivers under 18.

Monday’s opponents cited a state assistant attorney general’s opinion that Mayor Mark Kleinschmidt, who voted against the measure, called “reasonable” and rationally laid out.”

When asked last year whether the town had the statutory authority to regulate cell phone use while driving in town limits, Assistant Attorney General Jess Mekeel was succinct.

“No,” he wrote.

In a Nov. 2, letter, Mekeel said the town may not regulate activity in a field where the state intends to provide “a complete and integrated regulatory scheme.” He cited the state’s existing ban on cell phone use by drivers under 18 and school bus drivers, as well as its ban on anyone reading email or texting while driving.

The benefit of having uniform rules across municipalities also weighs against the town’s enacting a local ban, he said.

But other legal experts, including Town Attorney Ralph Karpinos disagreed. In a memo, Karpinos said the courts would have to decide if the town passed a ban and someone challenged it.

That would most likely come from someone getting cited, said Shea Denning, an associate professor of public law and government at UNC-Chapel Hill and a former assistant federal public defender.

In a post of the School of Government blog, Denning said it’s too close to call.

The state already allows municipalities to regulate traffic activities such as speed limits, she noted. The question would be whether existing statewide cell phone rules are part of that “complete” regulatory scheme that would preempt a local ban.

Town Council member Penny Rich said Evanston’s experience shows the ban is a good idea.

The home of Northwestern University has a population of 77,000 residents compared to Chapel Hill’s 58,000, she said. In the two years since it enacted the hands-held ban, accidents have decreased 17.6 percent, she said.

Evanston fines people $50 per offense, and up to $200 if a person using a cell phone gets into an accident.

According to the city of Evanston, since the hands-held ban began in March 2010, there have been 2,979 violations and total fines of $149,805, the Pioneer Press reported last week. Of that, $124,685, or 83 percent, has been collected.

“People are not fighting the tickets,” Rich said. “People know when they’re coming from Chicago to hang up the phone.”
But other council members were not convinced.

Matt Czajkowski wanted to know how much signs explaining the local ban would cost and how much money the town was willing to spend to defend its legality.

“At the end of the day we’re about to pass an ordinance the attorney general has told us we don’t have the authority to enforce,” he said. “The last thing we want is to have this challenged and lose.”

By Mark Schultz – mschultz@newsobserver.com
Published Mon, Mar 12, 2012 10:06 PM
Modified Mon, Mar 12, 2012 10:07 PM

A divided three-judge panel of the state Court of Appeals has struck down North Carolina’s ban on video sweepstakes games.

The judges, in a ruling issued today, said the state legislature has the authority to regulate games of chance. But the way the 2010 law was written, they said, only deals with how the results of games are communicated, rather than the underlying game itself.

“The General Assembly cannot, under the guise of regulating sweepstakes, categorically forbid sweepstakes operators from conveying the results of otherwise legal sweepstakes in a constitutionally protected manner,” the panel wrote in their ruling.

The law forbids video sweepstakes machines from displaying the results of a game on the machines’ screens.

Judges in Wake and Guilford counties have issued conflicting rulings in two different lawsuits challenging the law. Now the matter is surely headed to the state Supreme Court.

Submitted by cjarvis on 2012-03-06 11:16