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HomeMy WebLinkAboutAGENDA - 04-20-2009 LEGISLATIVE MEETING INFORMATIONTOPICS FOR PRIORITY DISCUSSION ORANGE COUNTY BOARD OF COMiVIISSIONERS AND ORANGE COUNTY'S LEGISLATIVE DELEGATION APRIL 20, 2009 Rebated Item Number from Page number ins Le~"sative Matters L~~xv Ma~~ers DISCUSSION Tt]~IC Resolution ~ Resolution ReyenuelFunding Revenue ~Jptions far Local ~Crovernm.en~ 1 ~ Medicaid Relief Z 2 Schoal Construction ~ 4 3 Including Public School Building Funds and Lottery Proceeds} Transportation. Regional Transportation Fund 15 S Roads - County Responsibility ~ 7 ~ ~ Tax ~ornestead E~~enaption Revision. 12 7 Use Value program. NIA NIA See Page 5 of ~~hibit ~ under "Agriculture'" for additional information) Environment Jordan Labe Rules - B. Everett Jordan Reservoir 24 i 5 Nutrient Management Rules SUBJECT AREA TOPICS INDEX FOR ORANGE COUNTY 2009 LEGISLATIVE MATTERS RESOLUTION SUBJECT AREA ReyenueCFu~ndn ees Revenue Options for Local Government Medicaid Relief Sales Tax Exemption School Construction forth Carolina Housing Trust Fund Land for TonorrowlLand and water Conservation Trust Funds Crvm.inal Justice Partnership Program ~CJPP} Continuation of Funding from Current ion- Recurring Status} Fire Protection _ Additional State Funding for State-Owned Buildings Regional value-Added Shared Use Food and Agricultural Processing Center Funding ~-911 Funds Builders' Inventory Tax Homestead Exemption Revision Court Facility Fees Entertain~m.ent and Sports Event Fee to Support Transportation deed ITEM NUMBER PAGE NUMBER ~ 1 2 2 3 2 4 3 5 3 6 4 7 4 8 5 9 5 l0 7 11 7 12 7 ~3 8 14 8 STJBJE~T AREA 2 ITEM NUMBER PAGE NUMBED Transportation Regional Transpor~atian Fund ~ .l 5 Carolina Noah Transportation Funding 1 ~ Roads -County Responsibility 17 Community Servicesl~Ieaith Mental Health ~ ~ S Mental Health Custody 19 Paternity Set-Aside 2~ Smoking - Prohibit in Public Places 21 Wastewater .System Classificationsfor Volunteer 22 Fire Departments Buthanasia~ of Sheltered Animals 23 Enviro~.ment Jordan Lake Rules - B. Everett Jordan Reservoir 24 Nutrient Management Rules Bio-solids Disposal 25 Open BurninglBurni.ng Permits 2~ Herbicide Use Limitations for Utility Company 2?' Right of Way Maintenance Qutdoor Advertising Vegetation Removal 2$ Piannin IDeveia meat Development Incentives in Bxchange for 29 Reductions in Bnergy Consumption la 10 11 2 i3 13 ' i4 15 15 id lb 17 i7 i8 S~UBJ~CT AkEA 3 IT~ENI NUMBER PAG~~ NI~NIBF ~. Plannin evela mend ~onlnued Development ~ Monetary .E~actions ~ 3 0 Development Moratoria Authority 3 ~ Energy Efficiency Standards in Local Building 32 Codes So~~d ~V'as~e Solid'~Vase Services ~ 33 Construction and Demolition Landfill ~ Change 34 in Gperations Clther Broadband ~ , 35 Bicycle Safety Education 36 Employment Anti-Discrimination Legislation 37 Statewide} ltiarriage -Constitutional Am.endn~ent Def ninon 3 S North Carolina Association of County 3 9 Commissioners ~CACC}Legislative Goals , Triangle J Council of Governments Zo09 40 Regional Legislative Agenda ~S 19 ~9 19 20 21 21 2~ ZZ 22 ~~ 1 ALPHABETICAL TOPICS INDEX FOR ORANGE COUNTY 2009 LEGISLATIVE MATTERS RESOLUTION TGPICS ~Alpbabe~~cal Bicycle Safety Education Bio-solids Disposal Broadband Builders' Inventory Tax Carolina North Transportation Funding Construction and Demolition Landfill --Change in'Operations Court Facility Fees Criminal Justice Partnership Program ~CJPP} Continuation of Funding from Current Non Recurring Status} . Development Incentives in Exchange for Reductions in Energy Consumption Develapn~ent .. N~vnetary Exactions Development Moratoria Authority E~91 Funds Employment Anti~Discrimination Legislation ~Statev~.de) Energy Efficiency Standards in Local Building Codes Entertai~a~ment and Sports Event Fee to Support Transportation Need Euthanasia of Sheltered Animals Fire Protection ~ Additional State Funding for State-4~med Buildings ITEM N[~MBER PAGE NUNTBER 36 25 35 it ~6 34 2i i6 2i 7 10 2D i3 7 29 30 31 0 3?` 32 i4 ~3 S S 4 1S 1S ~9 7 2i 9 S~ 5 5 T(JPICS A~ habe~ca~ herbicide Use Li~.itations for Utility Company Right of way Maintenance ~on~estead ~xenaption Revision Jordan Lake Rules - B. Everett Jordan Reservoir Nutrient Management Rules Land for TomarrowlLand and water Conservation Trust Funds Marriage ~ Constitutional Am.endnaent Definition Medicaid Relief Mental health Mental health Custody Noah Carolina Association of County Co:mn ssioners ~NCACC}Legislative Gowls North Carolina Sousing Trust Fund open Burnin.glBurning Pe~.nits Uutdoor Advertising Vegetation Removal Paternity Set-Aside Regional Transportation Fund Regional Value~Added Shared Use Faod and Agricultural Processing Center Funding Revenue options for Local Government Roads W County Responsibility Sales Tax Exemption School Construction S~.oking Prohibit in Public Places ITEM NITNIBER PACE NUNIBER~ ~7 17 7 Z4 1S ~ 4 38 ~2 2 ~ iS 11 l9 12 3~ 22 5 3 26 16 ~S 1~ 2~ l3 15 S ~ 5 1 1 i7 1a 3 2 4 3 21 ~ l3 3 TUPI~S ~Alpbabe~~cal ITEM N~UNLBER PAGE NUMBER(S) Solid waste Services 33 19 Triangle J Cou~a.cii of Crovernmen~s Zoo9 40 22 Regional I~egisla~ive Agenda was~ewa~er Sysena Classifications far Voun~eer 22 4 Fire Departments NoRTx cAROL~NA ORANGE COUNTY RESOLUTION REGARDING LEGISLATIVE NATTERS BE .IT RESOLVED by the Board of County Commissioners of orange County that the Board hereby requests the Senator and . Representatives representing orange County take the following position on legislation regarding the following matters: 1~ Revenue tivns wr ~Lvcal ~avernment ~ Support legislation that authorizes a variety of revenue options for local governments to fund local government services. ~ An overarching principle 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 gavernn~ents uniformly throughout the state. All local governments should, on a reasonable basis, have the authority to ,levy local o tion sales taxes, apply impact fees and/or taxes, p utilize real estate transfer fees and/or taxes, etc. orange County specifically notes its support for the ability of all local governments to apply impact fees and/or taxes and to implement real estate transfer fees and/or taxes, 2 2} N~edi~aid Relief ~- The Medicaid Relief/Sales Tax Swap action by the North Carolina General Assembly during , the X007 session continues to cause significant adverse financial impacts to Drange County. As depicted in the charts provided at Exhibit A, Orange County is experiencing a substantsal decrease in sales tax revenue. Drange County asks that the 2DD9 General Assembly protect the ~54D,ODD in "hold harmless" funding to the County as designated in the 2QD7 legislation. Any efforts to reduce or eliminate this funding further exacerbates the an--going negative financial impacts of the ZDD7 legislation on the County; 37 ~ale~ Tax Exe~m tivn -~ Support legislation to exempt counties, cities, school boards, community colleges,, and the Drange Water & Sewer Authority from payment of state and local sales taxes on purchases within North Carolina. The legislation should contain a provision permitting the state to repay the last refund over a multiyear period to minimize .state budget impacts. Alternatively, Drange County supports legislation to fully restore public schools' access to sales tax refunds. For schools, orange County specifically notes support for House Bill Z99 - Reinstate LFA Sales Tax Refund. For community colleges, orange County specifically notes support for House Bill X28 Community College Sales Tax Refund; 4} School Construction - support legislation to provide state assistance to local governments to meet school construction needs caused by, increased enrollment and mandated reductions in class size, thraugh.a statewide referendum on a bond issue and/or through authority far counties to raise additional revenues to meet school facility needs; 5 } North Carolina ~vussn Trust Irund ~- support legislation roviding appropriations by the General Assembly p authorizing recurring funds for the North Carolina Housing Trust Fund to provide new Name ownership opportunities and affordable rental homes for those ua•lified under the North Carolina Housing Trust Fund, g while looking to enhance federal funding opportunities where appropriate; 4 6} Land for Tomorrow/Land and Water Conservation 'Trust l~nd~ - Support legislative actions which seek. to enhance appropriations and/or safeguard existing trust funds established for the protection of the state's land, Water, and special places, before they are irreversibly lost, and which enjoin the Governor ~Erom. sequestering these funds; 7 } Criminal Justice Partnershi Pro ram ~C~TPP~ Continuation ,~,indin from Current Ilan-Recurrin status} -~ Support legislative and other actions to provide reliable full funding for this Program as it saves money in the long term for bath state and local governments. orange County understands that the Department of Juvenile Justice/Delinquency Prevention is, as are all State agencies, grappling with a 7° decrease ~in funding this fiscal year. 'the Governor's ~,ecommended Budget includes another lD~ decrease. 'the County acknowledges how difficult these adjustments are to achieve but appreciates the Department's commitment to sustaining the majority of direct services to North Carolina's children and families. "the County encourages the State to avail itself of any new 5 developments in the use of economic recovery package dollars or other federal initiatives to maintain the stability of programming, facilities, and staff vital to the safety and security of troubled youth in their own communities. See Fxhibit B ~- March ~.8, 24DQ Board of County ConUmissianers Adopted Resolution Regarding Continuation of Criminal Justice Partnership Program Funding}; 8} Fire PrvteCtion _ Additional State 1'undin ~'or State awned Build~.n~s ~ Support House Bill X55 and any other similar legislation to~ provide additional. State ca~npensation to municipalities and local fire districts providing fire protection to state-owned buildings, 9} Fundin for a Piedmvnt Re ivnal "~alue~Added Shared Use F'vvd and A ricultural Prvicessin Center ~ Orange County forged a regional public--private partnership for a potential Piedmont Regional Shared Use Value-Added Processing Center. Four counties ~Alamance, Chatham, Durham, and orange} and two private businesses Weaver Street Market and Whole Faads~ partnered together and secured the necessary funds for a feasibility study 6 conducted by the Mars Hill College Center for Assessment and Research Analyses. The study report included infarmatian on potential. site needs for a Center, potential .product lines, marketing opportunities, and numerous other factors. A Center would enable farmers from the region to meet local. market demand for year-round locally-grown products and would also operate in a complementary fashson with the regional meat processing center in Caswell County. The partners have already been awarded $1.3Z,oDD from the NC Agricultural Development and Farmland Preservation 'rust Fund, $'479, DDD from the Tobacco Trust Fund Commission, and $25D,DDD from the North Carolina Golden deaf Foundation for the Center. For the 2DD9 General Assembly session and on behalf of its five partners, orange County requests $25D,DDD, including any funds available from the federal stimulus package for this "shovel-ready" prod ect, for the construction, startup, and operation of a Piedmont Regional Value-Added shared Use Food and Agricultural Processing Center; 7 . l~~ E~-9ll Funds ~- orange County supports House Bill 59 -~ An Act Expanding Permitted Cases of 9l1 Funds in Franklin County - and requests that grange County be added to this bill; 11} Builders' Inven~© Tax - Oppose House Bill $52 - Defer Tax on Builders' inventory - and any other similar . legislation as being particularly erosive to the already eroded tax base and oppose any efforts to . exempt or to exclude from taxation any property that might be construed to be builders' inventory, l~} Hvmes~ead Exe~n tiara Revision - Support Homestead Exemption provisions of the Machinery Act to provide . greater opportunities far low-income seniors to remain in their homes and not be displaced due to property tax burdens, eliminate the discriminatory features of the exemption provisions relating to couples, and address the ineffectiveness of the exemption provisions in communities where property values increase at substantial rates over short periods of time; U l3} Cvurt Facilit fees - orange County expresses support for the authority to institute Court Facility Fees to allow counties to collect additional facilities fees to r help fund capital, operational and other needs associated with ever--increasing judicial activities; l4 } Entertaian~aent Transpvrtation w+~~+rr~^i ___wrw~rrw~wrwr fee to be c~ entertainment . shared by the dedicated to transportation and Sorts Event ~`ee tv Su ort deeds ~- Support legislation to permit a urged on tickets purchased far large and sports events, with the revenue respective government jurisdictions and the support of public transit and programs; 15 } Re ivnal Trans vrtativn Fund -- Support House Bill .4 8 Congestion Relief/lntermadal Transport ~`und - and any other similar legislation which attempts to address the state's public transportation needs and represents the recommendations of the 21st Century Transportation Committee. Among the components of House Bill 148 is a local-option sales tai for counties to address public transportation needs. The bill allows wake, Durham, orange, Forsyth and Guilford to bald a referendum on a half cent sales tax for public transportation. The tax can only ~be levied by a county if approved by the voters in~its county and if the board of commissioners and the relevant local transportation authority ~- Triangle Transit Authority or Piedmont Authority for Regional Transportation APART} have adopted a financial plan for the praceeds.~The bill also allows Alamance, Davidson, Davie, Randolph, Rockingham, sorry, Stokes and Yadkin counties, which are also members of PART, to hold referendums on a quarter-cent sales tax far public transportation. The referendums must pass in each county before it can be adopted by a Board of Commissioners. The bill also gives any other county the authority to hold a referendum. on a quarter-cent sales. tax for public transportation and gives to, all counties the ability to institute a county vehicle registration tax not to exceed $7. If a county authorizes the registration tax but does not charge the maximum. $7, a city within that county can also enact the vehicle regsstration tax for the remaining a~naunt. The combined taxes cannot exceed $7 per car, and the proceeds must be used "for the operation of a public transportation ~o system, and used only for financing, constructing, operating, and maintaining a public transportation system see exhibit C for additional information}r l~} Caro~.ina North Trans vrtation F`undin - Support the allocation of both State and University of North Caroli~:a funding to address the regional transportation impacts that the University's new Carolina North campus will. create. The University of North Carolina's new proposed Carolina North campus will have tremendous impacts on traffic in Chapel Hill, throughout orange County, and the region. A majority of the University's .staff already travel from outside orange County, impacting the County's limited transportation infrastructure. The transportation demands and . increased traffic counts created by Carolina North will be substantial and the State and University should provide funding to address these impacts; 17 } Count Res onsik~ilit ~"or Roads -~ oppose Senate Bill ?58 _ Transfer Secondary Roads to Counties -~ and any other efforts to delegate secondary road improvement, maintenance, and costs for the sharing of these secondary road improvement ~ or maintenance responsibilities} to county governments. orange County specifically emphasizes the undesirability of counties bearing or sharing the costs of secondary road improvements and/or maintenance. However, if the responsibility or the sharing of responsibility for secondary road improvements and/or the maintenance of roads is foisted upon county governments, then Qrange County requests that counties also be given the authority to levy fees, tolls, and other charges as may be necessary to provide funding to address this new responsibility. A new responsibility should include new revenue opportunities to accomplish the identified needs; 18 } dental . H~al~h -- support N~ental Health Reform. and seek legislation that assures local capacity to serve the needs of citizens. The state must support local govern.r.ent, both financially and statutorily, to equip itself with adequate tools for crisis intervention and appropriate housing for the mentally 111 to allow their ~~ integration into local con~m.unities. Orange County also expresses support for increased allocations by the State which may be available in the current fiscal year as a result of the Federal Stimulus Package to ~. , strengthen community based ~znental health services; i.e., Club Nava ~Carrbora} and KidsCope Hillsborough}that have required recent supplemental financial support from Orange County government; l 9 } Mental health ~ustod -Oppose House Bill ~ 4 3 ~- N~ental Health/I~aw Enforcement Custady -~ in its current form and any other similar legislation addressing the treatment of individuals who are being transported to medical facilities on an involuntary commitment order. The bill as written places undue financial burdens upon the~law enforcement agency if in ,the course of Custady a prisoner is discovered to have a medical condition that needs treatment. These unforeseeable costs are extremely problematic and Orange County urges any expectation or demand that local governments absorb this expense be remavedr ~~ 2D} P~ternit Set-Asi~~ - oppose any legislative proposals that would allow fathers to petition the court for a paternity test even after paternity has been established by court order or an affidavit of parentage that fails to address two important areas of concern. 417 How. the upfront costs would be paid Counties should not be held liable for the fiscal cansequence~. orange County Child Support Enforcement estimatesr zf Z5~ of its caseload evoked this privilege, the cast would be $3~,D~D.}; and ~2} the best interests of the child are not considered orange County has always encouraged paternity testing before any documentation is signed with explanation given about the consequences of not conducting a paternity test. Children continue to need the protection that orders and affidavits provide in the legal system.}; 1} ~mvkin - Prohibit in Pubic Places Support House Bill ~ -Prohibit Smoking in Public & fork Places and' any other similar legislation which .would limit or prohibit smoking in public places and places of employment or would permit local governments to limit 14 or prohibit smoking in public places and places of employment; 22} Wastewater S stem ~lassifi~atians fvr Volunteer `ire Departments Support actions to change Forth Carolina Division of water Quality ~DWQ} wastewater system classification rules which currently classify a spray irrigation system. such as one utilized .by volunteer fire departments as "commercial". This classification is appropriate when floor drains or other sources of non-domestic wastewater are present. however, when the flow generated by the system is domestic quality/non- industrial process wastewater, the system should be held to the same monitoring and testing standards as a residential wastewater system under DwQ jurisdiction. In the alternative, volunteer fire departments should be excluded entirely from the "commercial" classification. The annual inspections and testing costs associated with a "can~nercial" designation for a spray irrigation system serving a volunteer fire department can be several thousands of dollars. Accounting for the type of flow actually treated by a system rather than assigning a blanket "commercial" l5 designation would significantly reduce a volunteer fire department's annual cost; 23 } , Euthanasia of She].ter~d Anianals ~- Support House Bill 6 -~ Davie's .Law/Humane Euthanasia in Shelters -- or any other similar legislation which directs the use of sodium pentobarbital or its equivalent in the unfortunate event euthanasia is necessary for a sheltered animal, and precludes the use of carbon monoxide or other gas for euthanasia purposes for sheltered animals; 2 4 ~ E . werett Jvrdan Reservoir Nutrient Cana e~nent pules ~- Orange County requests that men~ber~ of the North Carolina G~ene~ral Assembly approve the ~Tordan lake Reservoir Nutrient Strategy rules in order to protect the public health and welfare of the citi.~ens of Orange County and other residents of North Carolina, `The County does believe the rules should recognise Grange County's watershed protection efforts prior to' the baseline year of 2DD1, lest the new regulations fail to recognize good stewards such as Grange County, and that the State should provide funding to retrofit existing ~6 development to the extent it will require local governments to become the designer, builder and manager of watershed protection measures required by the Jordan Lake rules (See Bxhibit D - April 7, 2009 Doard of County Commissioners Adopted Resolution in Support of the Proposed Gordan Reservoir water Supply Nutrient Strategy Rules 1~A NCA 02B.o262-.023 ~ .031}; 2S} Sio--solids Die veal _ Support legislation which provides county governments some opportunity to regulate and/or have input into, but not prohibit, . bio-solids application activities, including the acceptable "classes" of bzo~solids for application and the prohibition of bio--solids application in certain environmentally sensitive areas such as critical watersheds. orange County is not seeking to eliminate the appropriate application of bio-solids for agricultural use, but believes counties should play a role in the process. See :exhibit :~ for additional information} ; 25} o~er~ Burning/~urnir~g permits -~ Support amending the statutes G.S. .~.3-X0.31} related to open burning to remove the open burning prohibition exemption that is 17 currently available during periods of hazardous forest fire conditions, during drought periods, ar during air pollution episodes; or, in the alternative, granting local governments the authority to prohibit open burning without the State's declaration of a hazardous condition since local fire authorities are best suited to assess local conditions and determine the best courses of action related to burning activities; 2 7 ,} Herbicide U'~e I~imitatian~ f yr tTtils.t Cam an Ri. ht of Wa Maintenance - Support legislation that would further regulate or prohibit the use of herbicides 'for the clearing and maintenance of easements and rights~af way by utility companies; ~8 ~ outdoor Adverti~in ~'e etativn Removal. - appose any efforts to revise provisions governing vegetati~an removal for outdoor advertising purposes that would expand the opportunities for additional vegetation removal along interstate and other road right-of-ways. grange County believes that the scenic beauty of the state is significantly harmed by outdoor advertising signs in general and further diminished with the ~Q associated vegetation removal. The county opposes any efforts to permit additional outdoor advertising signs and any relaxation of the rules limiting vegetation removal far new or existing signs; ~9} Deveio meet Incentives in ~w~an a for Reductions in finer Consum Lion - Seek and/or support legislation such as Senate Bill 1597 ~2~07~08~~ to allow cities and counties to adopt ordinances to grant a density bonus, make adjustments to otherwise applicable development requirementsr or provide other incentives to a developer. within a local government's planning jurisdiction if the developer agrees to construct new development or reconstruct existing development in a manner that the local government determines, based on generally recognized standards established far such purposes, makes a significant contribution to the reduction of energy consumption; 34} I~oneta exactions for Develo menu _ oppose Senate Bill 447 and any other similar legislation which would preclude local governments from requirsng a monetary contribution far the impact of development that is not 19 expressly authorized by law. This bill could impact a local government adeguate public facilities ordinance ~APFO } 3~.~ Devely went Mvratvria Authv~it _ appose senate Bill l17 and any other similar legislation which would prohibit a county from imposing a time-limited building moratorium. while it develops or revises a, development ordinance; 3~~ Ener E~'~'icienc Standards in L©cal Buildin Codes Support changes in State law to allow local governments to include standards for energy efficiency in local building codes that are higher than those contained in the State Building Cade; ' 33~ Solid Waste Servives -~ appose any legislation to further weaken the authority and/or ability of local avernments to operate and administer Solid Waste g services, including apposition to legislation similar to' Senate Bill 951 ~~oo~~ and any other legislation that would limit local governments' opportunities in their solid waste service delivery to reduce costs, 2D improve the quality of service, and/ar meet local ~ wast.~ reduction goals; 34~ Construction ~.nd Dem~li~ion Landfill ~ Chan ~ in ~r~tians ~- Support legz~lat~.ve assistance to change the State rules/statutes regarding the origin of materials and not the material use in connection with: C & D landfill disposal. orange County continues to challenge the change in State 'rules/statutes. The effect is that considerable C & D materials are now required to be placed in the County Municipal Solid waste ~MSw~ landfill using valuable space, raising costs, and creating operational difficulties for field supervisors. Far many years the State did not apply a ~. rigid interpretation and related enforcement. Orange County, while fully .compliant, maintains this rule is expensive, unnecessary, and detrimental to waste reduction goals. The cost of lasing ~ m.onths of capacity in the MSw landfill due to the shift of CAD materials is estimated at $240,000 per month or a total of $720,004. Moreover the increased cost to the Solid waste Sanitation Division for delivering C & D life ~~ materials to the MSw landfill is approximately $5,239, with $~1, 31 ~ for each additional month ~ thereof ter . 'the State can impose a maximum administrative penalty of $1~5, 4a4 per day for non-compliance with the C & D definition. See Fxhibit F - .April 1B, ~D08 Memorandum Regarding Change in Zandfill Operations; 35~ BrvadY~and _ Orange. County supports legislatianr funding, and other efforts made .to expand broadband Capability to the rural areas of the state to enhance .quality of life as well as expand opportunities fog small business and farm enterprise growth; 3~} B,ic cle Sa~'et Bducativn _ Support legislation to increase the emphasis on bicycle safety issues in drivers' education Courses and on the State drivers' license examination; 37} Fmm w ent anti-Discri~ninativn Le islativn Statewide} - Support legislation Creating a statewide employment anti.-discrimination law and providing for local ~~ government enforcement through memoranda of understanding or other appropriate mechanisms; 38 } Constitutional Amendment Definin N~arria e - Oppose any proposed Constitutional am,endn~ent which limits, or defines marriage as only the union of a Oman and a woman or provides that marriage between a man and a woman is the only domestic legal union recognized in forth Carolina; 39} North Carolina Association of Count Commissioners . ~NCACC~ Le islative foals ~- Support NCACC's legislative Goals, many elements of which were and are initiatives of orange Cauntyr and noting the additional orange County explanatory language included in Ba~.d l~~alic where appropriate See Exhibit G~, 4 0 } Irian le ~' Council ~ of governments 2 U U 9 Re Tonal Legislative A ends _ Support legislation that would accomplish the Triangle J Council of Governments 2009 Regional Legislative Agenda, which is Exhibit H to this resolution, many elements of which were and are initiatives of orange County. ~~ Upon motion of Commissioner ,~ seconded by M Commissioner ~~~ , the foregoing resolution was adopted this the 7~h day of April, 20D9. I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DC HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on April 7, 249 as relates in any way to the adoption of the foregoing and that said proceedings are recorded~in Minute Book No. of the minutes of said Board.. ~ITNES~ my hand and the seal of said County, this day of , Zoo9. ~~~~~~ ~~'~~~ rk to he card of Commissioner Cle ~ ~~~ ~~ ~ ~ C7 ~} ~ Q~ ~ ~,." N '., ~ ~ ~ ~ .~ N .~ 0 U .~' 0 0 "~ m a v W CCS 0 ~ ~ ~ n W ~ ~ ~ ~ a~ N Gi w~ ~~ ,~ ~ ~ ~ ~ ~~ ~ ~ v A W ~ ~ ~ ^ ~ .~J ,t~ r rs (~ U ~ .~ ~ /w~ ~ ~ rr~n N ~.+ , ~! 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V N N ti Q) CL ORANGE COUNTY BOARD OF COMMISSIONERS RESOGUTICIN N ~L~PPaRT CAP C~NTtNLIATIaN t~F CRII~IINAL JuST~CE PARTNERSHIP PRaCRAM F~Nd[N~ 11~HEREAS, Criminal Justice Partnership Program CJPP}funding has been removed from the continuation budget and is now subject to continuation review; and WHEREAS, the non-reoccurring status of CJPP funding and subsequent continuation review will delay the annual appropriation and may result in the lass of qualified professionals to provide treatment services far adult offenders at the local level; and WHEREAS since ~ g94, the State of North Carolina and county governments have been partners in providing necessary community based substance abuse treatment services to adult offenders, which .have been effective in reducing recidivism by these offenders; and wHEREA5, the local CJPP Boards diligently carry out their charge of assessing community needs, planning for services to meet these needs and r~comrnending programs for funding to deliver the services, and evaluating the performance of these programs; and WHEREAS, the loss of CJPP program services will result in the adult offender being without carnmunity based treatment services and could' Increase recidivism, as well r as,~ incarceration in the local jails and State prison system; and Nt~w, THE~E~`C~RE, EE IT RES~L~IED, that the orange County Beard of , Commissioners strvnal endorses full reinstatement of funding far the Criminal V A r N ~ Justice Partnership Program to the continuation budget and the allocat~an of additional funds to support legislative mandates to protect the community and provide a criminal justice continuum at the local level. This, the ~ S~' day of ll~arch ~DDD. ... Barry~Jacabs, Chair . =1;~ .: w Orange County Board of Commissioners E~H~LBIT C =NTRUI?UCT.I4~' The information below was developed in early ~DD8 as part of orange Coun:ty's discussions on legislative matters. ~t is provided here for Context/reference purposes. The two groups noted have completed their reports and the, results of their word have become matters of discussion/legislation for ~DD9 and beyond. Transportation Funding For orange County There are two related transportation funding issues the orange County Board of Commissioners would life to bring to the attention of our legislative delegation. Right now, orange County is getting relatively little in funding for transportation, Compared with other counties in this region and in the state. Therefore, it would be helpful if the county Could receive some assistance from our legislative delegation in obtaining more money for orange County transportation needs. Fending for Alternative Modes of Transportation Compared to highways, the funding for alternative modes of transportation is quite restra.cted. =f the legislature could provide additional funding for alternative modes of transportation, including bicycle and pedestrian projects, transit projects, and park and ride lots, it would help orange County zn its quest to enhance these alternative modes. Amore robust funding stream for alternative modes could be a long term issue, but one we would like to our legislators to pursue. Potential Funding for Specific Projects Although we have not requested funding for any specific transportation projects, we would also appreciate, any guidance our legislators could give us concerning how to pursue such a request and what sorts of projects might receive favorable attention, We would be particularly interested in funding alternative modes of transportation: we look forward t~o any advice our Legislators could give us on these two issues. 3 County Reepo~aibility ~vr 'Transpvrtativn There are two groups that have met to provide recommendations related to transportation, orange County would like to discuss the implications of their deliberations on potential state funding. The ~recommendatzons of these two groups will have significant effects on the County's responsibilities for trans ortation, and especially its funding P responsibi/it~.es. .. Special Transit Advisory Commission ~STAC~ The STAG has been appointed by the area's two N~etropolztan Plann~.ng Drganl~atians ~MPOs~ to make recommendations on future transit investments in the Triangle. The Commission will be holding its final meeting on April Z5, X008 and is expected to complete its final report soon thereafter. dew funding will be requested to~ carry out the STAC's recommendations, and that will include state and local funding. 2. See Attachment l ~- Charge for the Special Trans s. t Advisory Can~mi s s i on 4 Z1st Century Transportation Committee This Committee has been appointed by the President Pro Tempore of the Senate and the Speaker of the douse to study the transportation infrastructure needs of the state. The Committee will complete its work by the end of the calendar year X008. orange County would like to discuss the recommendations included in the Report of the Intermodal Committee and F~planation of Congestson Relief and Intermodal Transportation ~~.st Century Fund. See Attachment 2 - Report of the Intermodal Committee orange County specifically wants to emphasize the undesirability of counties sharing costs of secondary road i~nprove~nents and/or maintenance . ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE PROPOSED JORDAN RESERVOIR WATER SUPPLY NUTRIENT STRATEGY RULES 15A NCA 02B .0262-.0273 & .0311 WHEREAS, House Bill 3 has been introduced for consideration by the General Assembly; and WHEREAS, the proposed legislation would disapprove Jordan Lake Management rules as promulgated and approved by the Environmental Management Commission and the Rules Review Commission; and WHEREAS, the State of North Carolina first directed local governments to reduce nitrogen in waters that flow to the Jordan Lake Reservoir in ~9~7 under the Clean Water RespansibiIity Act; and WHEREAS, the Jordan Lake Reservoir is on the FPA 303~d~ list of impaired waters due to the excessive nutrients from point and non~pvint sources, and has been since 2002; and WHEREAS, the Jordan Lake Reservoir Nutrient Strategy rules were developed by the NC Division of water Quality through a lengthy stakeholder process and were adopted by the NC Environmental Management Commission ~EMC~ on May 8, 2008 and approved by the Rules Review Commission on November ~ ~ , 2008; and WHEREAS, the Jordan Lake Reservoir Nutrient Strategy rules are based on sound scientific monitoring and :modeling tv apportion decreases in the nutrient load from all point and non-paint sources in the Jordan .ake watershed .in order to improve water qual"rty; and WHEREAS, the Jordan Lake Reservoir cannot meet water quality standards unless nutrient leads form all current and future, sources are reduced, including those from wastewater, and from stvrm~vater from existing and new development; NOW THEREFORE EE 1T RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS that members of the North Carolina General Assembly are hereby requested to approve the Jordan lake Reservoir Nutrient Strategy rules in order to protect the public health and welfare of the citizens of Orange County and other residents of North Carolina. BE IT FURTHER RESOLVED T~iAT Urange County believes the rules should reco size oran a Coun 's watershed ~ rotectian efforts riot to the baseline year of g g tY p p 2001, lest the new~regulations fail to recognize good stewards such as orange County, and that the State provide funding to retrofit existing development to the extent it will require local governments to became the designer, builder and manager of watershed protection measures required by the Jordan ~.ake rules. Adopted, this the ?~~ day of April, 2009. Valerie Foushee, C air Orange County Board, of Commissioners ATTEST: Donna Baker, Clerk to the Board orange County Board of Commissioners I~xl~1B1T I~ Bio-Salida Deal Qrange County is among the top five North Carolina counties in terms o acreage on which wastewater treatment bio-solids is applied. The Gounty receives bio- solids from wastewater treatment plants operated by Hillsborough and Qrange Water and Sewer Authority ~01NASA} in the County, from Mebane and Burlington in Alamance County and from the City of Durham in Durham County. Some of this application occurs in critical watersheds. The process of land applying liquefied bio-solids is regulated by the NC Division of Water Quality under US Environmental Protection Agency ~USEPA} regulations, policies and guidelines under a primacy agreement with the USEPA. Bio~solids are generally applied to agricultural land primarily land used far active livestock grazing or growing of forage crops} at "agronomic" rates. Agronomic rates in this case indicate that the bio-solids are applied such that its nitrogenlphosphorous content is consistent with the rate of application of standard fertilizers. Unlike commercial fertilizers, however, bio.solids containing industrial wastes t ical of municipal wastewater treatment systems usually Yp contain a number of potentially harmful heavy metals cadmium, chromium, arsenic, lead, mercury}, synthetic and volatile organic compounds ~SC~C's and VC~C's} as well as some level of active pathogenic organisms typical of human waste residues. The land application of bio-solids to agricultural lands is exempt -~ as both a "discharge" wastewater treatment activity and an agricultural activity -- from approval, regulation, enforcement or effective oversight by County land, environmental protection or health regulation. Yet potential effects to the health of nearby residents that are associated with aerosol or surface and ground water contamination are woefully un~ or under-studied by the EPA or the Center for Disease Control. Residents of Orange County that live nearby to bio_solids application sites are fearful of risks to their health and have at least anecdotally re orted a hi her incidence of health and nuisance problems to the Board of P g County Commissioners. ExI~IBIT F Memorandum To. Laura Blackmon, County Manager From: Gayle Wilson, Solid waste Management director Subject: Change in Landlll Operations Effective Immediately By Order of NC Division of waste Management, Strict Regulation of Incoming Materials to Construction & Demolition ~C&D} Landfill To be Enforced Impacts: Estimated Shift of S,ooO Tons from C&Il Landfill to MSw Landfill; Potential Reduction of Available 1VIS~w landfill Capacity by Five Months; and Additional Disposal Costs for Customers Date: April 18, 2408 The ~C Division of waste Management ~DwM} recently notified the Solid waste Nana ement De artment that strict regulatory adherence will be applied for incoming g p .. n~ater~als to the Construction and Demol~t~on ~C&D~ landfill beg~n~ung ~mmedlately. According to state rules regulating C&D landfills, only C&D waste "generated solely from the construction, remodeling, repair, or demolition operations on pavement and buildings or structures" is authorized to be placed i.n a permitted CAD landfill. ~ "C&D waste does not include municipal and industrial waste that may be generated by the on- oin o erations ofbuildings or structures". This distinction thereby prohibits, for g g p exan~.ple: I }apiece of broken pipe scrap collected from the backyard during a home cleanup from being placed in C&D; 2} material generated at a cabinet shop operation, even if it is plywood with laminate or other similar material, from burial in the C&D landfill; 3} a piece of damaged hose generated from a home use is not allowed whereas the same scrap piece of~hose from: a construction site would be allowed, and 4} a small sawed end of a "2 by 4" from Horne Depot's shop is prohibited, but the same piece of wood f rom a construction site is allowed. During a March visit by our region's Dw~ Xnspector, it was observed that as much as half of the material currently being placed into the County's C&D landfill did not fall under their def ninon of C&D above. It often originated from. cleanups and other non construction activity. Due to this distinction, and under the threat of issuance of a notice of violation of the County's landfill operating permit, our region's state inspector has mandated that grange County change our operations immediately to comply. Accordingly, the staff esti.rnates slightly more than 50% of current C&D wastes will need to be diverted to the lined MSw landfill. This equates to an additional B,DOO tons ~of material a year that now will need to be placed into the MSw landfill. t will impact the County in loss of an estimated five months of available N~Sw landfll space and a cost increase of i5% cost to our customers x$47 per ton in NiSw compared to $4i in C&D}. Previously, many C&D Landfill operators used good judgment and best management practices in allowing construction and demolition type materials and other non putrescible solid wastes such as same furniture, non-recyclable wood, rigid plastics, etc. The purpose of this informal, land~li-operator-initiated expansion of accepted materials was to preserve valuable lined landfill space, while at the same time maintaining environmental integrity and rigorous oversight of the facility. while most metal, clean woad and cardboard is recycled from our local C&D waste due to Urange County's regulatory prohibition on landfilling these materials, other constructionwlike material is frequently so heavily comna.ingled with the remaining non-construction site wastes, that it will now no longer be technically classif ed as C&D. In staff s esti~.ation, and that of many solid waste professionals and scientists, a discarded board, water hose or a plastic bucket from a construction site is no different than an identical discarded board, water base or plastic bucket from a dome Depot durnpster ar a citizen's garage. To many solid waste professionals, it seems that the environmental properties of the material itself should .determine the most effective and proper disposal rather than the origin of the material, whereas it appears that the regulators have placed origin ahead of the nature of the materials in im artiance of determining how materials are to be handled. p CJperational difficulties created for orange County by this change in enforcement are substantive and adjustments will be required of customers accustomed to longstanding landfill materials acceptance practices. The worl~ing face of the lined N~Sw landf ll will became larger, requiring additional daily cover material. Managing this increased traffic from conu~.ingling of smaller vehicles like the casual home-hauler in a pickup truck with larger vehicles will create operational and staffing challenges. Urange County has worked diligently for twenty years to reduce waste landfilled, conserve landfill air space and increase recycling in every sector through a combination of prograims, regulations, public education and techn~.cai innovation. The County's environmental monitoring protocols include o~~site inspection of each load dumped and our groundwater monitoring far exceeds State regulatory or general industry standards. Last year, Grange County achieved its highest waste reduction rate ever at 48% per capita. This new enforcement protocol will burden the County and its Landfill users unnecessarily, take away daily operational judgments by .our on-thewground waste staff and not necessarily achieve any greater envira~unental protection, while moving materials out of our CAD waste stream, potentially escaping our C&D recovery efforts and unnecessarily harming the County's waste reduction efforts. while many conm.unities do not have access to C&D landfills and dispose of all wastes into Municipal Solid waste ~MSw} landfills, others that da utilize C&D facilities may wish to allocate wastes according to their specific properties and preserve landfill space and minimize expenditures. The Solid waste Nianage~nent Act of Z00~' now requires liners in ail new C&D landfills and makes them essentially equal to MSw landfills in their level of protection. This makes the arbitrary distinction of using the source of materials rather than the contamination potential of the waste materials even less understandable. we suggest your consideration in recommending that our legislative leaders consider inquiring about a potential change in the definition of C&D waste. EXI3IBIT G ~'he Grange County hoard of Commissioners expresses its general support for the North Carolina Association of County Commissioners ~NCACC} 2009~201o Legislative Goals as detailed below. In some instances, []range County has included additional explanatory language to further detail Orange County's position on a particular matter. Any additional lan ua a included by Grange County is shown in Bond .Itatic. g g NCACC LEGISLATIVE GOALS 2009-2010 (With Comments by Orange County) Priority Coal ~ . . Revenue Options and Protection -~ Seek legislation to allow all counties to enact by resolution or, at the option of the Board of Commissioners, by voter referendum any or all revenue options from among those that have been authorized for any other county, including local option sales taxes, prepared food taxes, impact fees and real estate transfer taxes; and to preserve the existing local revenue base. See also Item #.I o Gran e County's ~egzslative .Matters ~ f ~ Resolutions . Justice and Public Safety Z. E~9t1 Funds -Support legislation to preserve county revenue from E-911 charges and allow counties greater flexibility in the use of the funds; and restructure the 911 Board created by G.S. 6~A-41 to add additional local government representation. See also Item #.I ~ of C7ran~e Counly .~e~islative .Matters Resolution) 3. Reimbursement, state inmates in county jails -~ Seek legislation to increase the dally reimbursement rate for housing state inmates in county jails. 4. Gang Prevention Support additional funds for gang prevention, intervention and suppression activities. 5. N.ethamphetamine Dabs -~ Support legislation and appropriations to mitigate the prevalence of methamphetamine production and use through the state. d. Court Facilities Fee ~ Support legislation to allow counties to collect additional facilities fees to help fund capital, operational and other needs associated with ever-increasing judicial activities. See also .Item #13 of grange County's legislative .Matters Resolutian~ 7. Criminal Justice Information Support legislation which requires sharing of information by the juvenile justice system with the adult criminal system during the conduct of any felony~level criminal investigation. 2 Taxation and,F'inance 1. Motor Vehicle Property Taxes -Support continued appropriations from the Combined V~otor Vehicle and Registration Account to ensure that the previously ratified motor vehicle, taxation legislation is implemented according to the existing timetable and without any additional delay. 2. Impact Analysis -~ Support efforts to analyze the f seal impacts of tax relief programs and exemptions enacted by the General Assembly to provide transparency on a county- by-county basis with respect to the local effects of such tax breaks. 3. Definition of Charity -Support legislation to clarify the def nitivn of "charity"' for hospitals, including facilities financed through bands issued by the Medical Care Commission, and continuing care facilities, and require that any property valuation exclusion formula provide for a higher test of "charity," to include a calculation of the cost ofnon-reimbursed care delivered. 4. Ntanufactured Rome Taxes ~- Support legislation to require all taxes levied on a manufactured Name to be paid before the home may be moved, repossessed or sold on- site. 5. Central IJisting and Assessing of Cellular and Cable Companies - Support legislation to centrally list and assess cellular companies and cable companies as public service companies. b. Reimbursement, In Rem Foreclosures _ Support an increase in the reimbursement rate for local government collection efforts related to in rem foreclosures. Environment 1. Water and Sewer Infrastructure -~ ~a~ Support legislation. providing the necessary capital far the maintenance, upgrade, installation and expansion of public water, sewer and stormwater infrastructure, with encouragement for water reclamation facilities; and ~b~ seek legislation to create a study of the rules and procedures for evaluating the available capacity of pump stations. 2. Funds for Regional water Resource Management ~- Support funding for regional councils to develop and implement .multi jurisdictional water resource management tannin and programs in every region through the cooperation of local governments, p g water users, and other stakeholders. 3. Private Well Testing ~ Seek legislation limiting state mandated contaminant testing of private wells to naturally occurring chemicals, and authorizing local control over well testing for named petroleum-based pollutants. 4. Water CapacitylReservoirs Seek legislation to streamline the permitting of local water supply reservoirs without sacrificing the scientif c rigor of Environmental impact Assessment and the opportunity for public com.~ment. 5. Yard waste Facilities ~- Seek legislation clarifying that runoff from yard waste staging areas at county landfills does not require wastewater treatment. 6. Watershed Pollution Rules Seek legislation eliminating required retrof tong by counties of existing development under rules impacting nutrient levels in existing watersheds. See also item #,~4 of Drange C'ount's Leglslat~ve .utters ~esolut~on~ ~- orange County requests that n~enr~bers of the North Carolina general Assembly approve the Jordan lake Reservoir Nutrient Strategy rules in order to protect the ublic hea~ith and welfare of the citizens of Orange County p and other residents of North Carolina.. 'The County does believe the rules should recognize Change County's 3 watershed protection efforts prior to the baseline year of 2001, lest the new regulations fail to recognize good stewards such as Orange County, and that the State should provide funding to retrofit existing development to the extent it will require local governments to become the. designer, builder and manager of watershed protection measures required by the Jordan Fake rules (See Exhibit D -April 7, 2009 Board of County Commissioners Adopted Resolution in Support of the Proposed Jordan Reservoir Water Supply Nutrient Strategy Rules 15A NCA 02B.0262-.0273 & .0311) hiuman Services ~ . mental Health Funding -Seek legislation to ensure that state-funded mental health, developmental disability,, and substance abuse services are available, accessible and affordable to all citizens and that sufficient state resources fund service provision cons inclusive of sufficient crisis beds. ~~`ee also Item # I S off' Grange County's .~ egl srative Matters .l~esol ution) 2. Health and Social Services Funding Support state funding to provide adequate health and social services, specifically: • assist each school system in reaching the school health nurse:student ratio of 1:75a and incorporate into the allocation formula a criterion that recognizes the level of county effort ~. funding school nurses. The Legislature should examine the appropriateness of the target ratio for small school districts and consider whether a target of nurse hours per day per school is a better measure of nurse availability; • restore the f nancial incentives for counties that apt to be "Electing Counties"; • restore funding of the Division of Emergency Preparedness and Regulatory Compliance within the county health departments to previous levels; • support additional funding for child-care subsidies and increase the administrative limit from 4 percent to 5 percent to enhance program integrity and eligibility review; • increase the "general aid to county" funding for local health departments to build necessary infrastructure and support the capacity to provide essential public health services; and, • support funding for the NC l~"AST automation initiative in social services. 3. Local Discretion, Inspection Fees ~- Support legislation that would provide greater discretion at the county level to establish fees for the inspection of food and lodging facilities. 4. Records Sharing, Can~municable Diseases Support legislation which provides i~n~nunity from civil or criminal liability to persons required to provide information anal records to health officials conducting communicable disease investigations when such information is not otherwise covered by the Health insurance Portability .and Accountability Act or other federal or state law. 5. Allocation Formulas, Health and Human Services - Support a study with representative stakeholder participation to examine the county allocation formulas 4 applied by the iJepartment of Health and Human Services to determine the sufficiency, equity and efficiency of each formula, assuring that formulas fairly respond to the needs of all counties. ~. Smoking Regulations Support legislation to allow Boards of Public Health, upon request of Boards of County Commissioners, to adapt a rule or regulation regulating smoking in places of public accommodation., ~~See also Item #.~~' of grange County's Legislative .Matters Resolutions In~er~ovenmental Re(a~~ons 1. ~`ranspor~ation Funding appose legislation shifting the state's existing responsibility for funding transportation construction and maintenance projects to county governments. See also Item #.~7 of Change County's Legislative Matters ~esolutian~ ~, Modernize Annexation Laws ~ Support legislation modernizing the annexation laws as follows: ~ Requiring the development of joint utility service plans for urbanizing areas; ~ R.equiring cities to reimburse counties for the loss of sales tax due to an annexation d increasing the degree of urbanization required to annex property; ~ Requiring a referendum on proposed involuntary annexations in areas where public services ~-water and sewer and solid waste ~-are already in place; and ~ Requiring the direct provision of municipal .water and sewer services to customers within three years of an annexation. ~ Providing that counties have the option of continuing to provide utilities to annexed areas. ~ Setting the effective date for involuntary annexations to be June 34 following the date of adoption or final resolution of an appeal. [Iran a Coun believes many of the issues that arise during the g ~ annexation process Gourd be reduced or eliminated if state law encouraged or rewired the implementation of long-range tannin a regiments between towns and counties. p gg 3. Collective Bargaining for Public Employees -Oppose legislation authorizing local governments to enter into collective bargaining agreements with public employees, or mandating dues check-off programs. Oran a Coup neither su parts nor opposes this position, g ~' p 4. Workers' Compensation Reform Support legislation to reform forth Carolina's workers' Compensation system to reduce disability findings and open-ended streams of payment, to address the trend in favor of lang~term disability Endings, to diminish . control over these findings on the part of claimants and their legal representatives, and to curtail adoption of rules that limit return-to~work efforts. ~lrange County neither supports nor apposes this position. 5 5. Rural Transportation Panning arganlzatlons ~- Support legislation providing continued funding of rural transportation planning organizations ~RP~s}, enabling increased participation in transportation planning for the state's non-urban areas by local governments. Long-range transportation plans drafted by RP4s or MPOs should be submitted to member boards of county commissioners for review and comment prior to being submitted to the North Carolina Department of Transportation. b. Second Primary -Seek legislation to eliminate second primary elections. 7. Transfer .of development Rights ~- Support legislation to allow a county to implement TDRs as another tool to promote good land-use policy. S. Retired County Commissioner Health Benefits Support legislation to provide that former county commissioners are eligible to participate in health care benef is provided by county government. Agriculture 1. .Fund Agricultural Research and Extension Servaces -Support legislation to increase funding for Agricultural research and E~ctension services offered through North Carolina State University and, North Carolina A&T State University and to assure that existing research stations are maintained at the current level of service. 2. Support Conservation of Working Lands and Farmland Preservation -Support efforts to' promote and conserve working lands, including 1) legislation that includes horticulture, forestry and farmland as part of the state recreation and tourism plan, with emphasis on the protection and support of private working lands; 2) legislation that retains the present use value tax break for working agricultural, horticultural and forestry lands but does not further dilute its status by expanding the tax break to non-agricultural, non-working lands including non-working conservation properties; and 3) legislation to expand funding of the Agricultural Development and Farm Land Preservation Trust Fund and to create a dedicated revenue source to assure continued and stable fund maintenance. Orange County supports a conservation option under the Use Value Program. Orange County also supports a revision to the revenue and acreage requirements of the Use Value Program. Many operations can easily meet the revenue requirements but do not meet the minimum ten acres threshold for agricultural operations. It is suggested that a pilot program be established for several counties including Orange that reduces the acreage requirement and raises the revenue requirement from X1,000 to $5,000. The results from a pilot program could then be evaluated for implementation statewide. Public ~ducativn 1. Public School Construction and Community College Funding -Support legislation to provide state assistance to meet public school and community college construction needs . caused by increased enrollment, mandated reduction in class size, and other factors through a statewide referendum on a bond issue andlor through authority for caunties to raise additional revenues to meet facility needs, and to fund expansion budget requests of the community college system to meet demands resulting from increased enrollment and to train and retrain workers responding to a changing economy. ~~See also Item #~ of grange County's Legislative .Matters .Resolution 2. Education Current Expense Funding -Support legislation to assure that the state define and support an adequate basic education in all local school systems and appropriate adequate operating funds to fully fund its education initiatives with revenue that is earmarked to pay the costs of those initiatives. The state should fund programs that continue to engage young people, provide individualized options that eliminate arbitrary barriers and provide students a range of opportunities through which they can gain the credentials, skills and education they need to function.in the modern economy of the 21 st century. Specif tally, the state should: • continue to fully fund the Low wealth Schaal Fund; and ~ , appropriate funds for school resource officers an the basis of one position allotment for each middle school and high school building for all school systems across the state; ~ appropriate funds far career technical vocational}education in high schools. 3. Public School Capital Building Fund - ~ Support legislation to assure that the Public School- Capital Building Fund remains intact and to direct the State Treasurer to report on longterm commitments that are dependent on this fund. Counties and schools should not be deprived of these resources as they were deprived of state support far school utility costs in 991 ~92. 4. Community College Governance -~ Support legislation to review the process through which members of the various boards of trustees of the several community colleges are appointed to determine whether the system pxovides far adequate representation from caunties responsible for supporting multi..county campuses. 5. Sales Tax Refunds --Support legislation to allow public schools systems to regain access to sales tax refunds. ~~'ee also Item #3 of Grange County ~s Legislative .Matters Resolution ExH~B~T H . ~ach ear the Trion le J Council of Governments revises and a dates its Re ianal Legislative Y g p g Agenda setting forth the priority legislative issues of its member local governments from. across the seven-county area of Region J. This agenda has been complied for the purpose of conveying vitally important information to the General Assembly for its review, consideration, and use as the legislature conducts its legislative session. After taking into consideration the various challenges that will be confronting the State of Noah Carolina during its 20x9 Session, it is the intent of Triangle J that this Regional Legislative Agenda serve as an aid to the legislative delegations serving Lee, Chatham., Grange, 1Jurham, wake, Johnston and Moore 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: ~ItX UGH PRI[]h~'I'I~S Provide Revenue D boas or ,Local Governmeat: Triangle J seeks legislation that authorizes a variety of revenue options by resalution_for local governments to fund municipal and county services that confront the significant growth.issues of Region J. An overarching principle 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 seeks authority for local government, on a reasonable basis, to levy local option sales taxes, use a prepared food tax., apply impact fees andlar taxes, utilize land transfer fees, allow a tax exemption method to recover municipal and county sales tax expenditures rather than a system of reimbursements, etc. ~'raus ortation Plannin and .Fundin : Triangle J seeks legislation and funding for the myriad of multi- modal transportation needs within the region that are now in crisis. The region seeks the funding of planning and infrastructure needs associated with 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. The region also supports legislation to revisit and update the state's Bquity Formula to recognize growth, congestion and other factors bearing on the distribution of transportation dollars. Triangle J also supports legislation to provide for the funding of regional multi-modal planning of Region J's transportation needs, while fi~ther supporting adequate appropriations for road and bridge maintenance to maintain existing infrastructure. The region opposes the transfer of funds from the ~i.ghway Trust Fund to the General Fund and supports recovery of funds that were previously transferred. Any grant of additional or expanded authority to fund ar maintain transportation programs by local governments must be accompanied by equivalent revenue authority from the f.,,Jtater .Mental ~'"ealt~'i Crisis: Triangle J supports Mental Health Reform and seeks legislation that assures local capacity to serve the needs of these citizens. The state must support local government, both financially and statutorily, to equip itself with adequate tools far crisis intervention and appropriate housing for the mentally ill to allow their integration into local communities. Triangle J Council of governments N.ission Statement Tv serve as an inlergovemmentalorgonization forlocal elecfed atfrcrals thaf wogs proactively on regional issues r'n order to sustain and improve t11e qualr'ty of life for our citizens. Regional Legislative Agenda Page 2 Water uali /Su ~ and In rastructure: Triangle J supports legislation far the following water resource initiatives: ® Legislation d%rected at managing water resources should encompass a regional approach, provide incentives for regional cooperation, and seek long~tenn solutions for water resource planning ~ Provide incentives andlor tax relief for law income households and small businesses that install water conservation devices and f xtures ® Provide dedicated funding and grants far long-term water qualitylsupply planning and wastewater treatment needs for the region's cities, towns and counties to improve infrastructure and enable local governments to meet increasingly stringent water quality and stormwater requirements ® Continued funding for the Clean Water Management Trust Fund ® Passage of the one billion dollar state water band with a prerequisite that conservation be a requirement of grant recipients ~ Regional councils to develop and anplement multi jurisdictional water resource management planning and programs in every region of the state through the cooperation of local gover~.nents, water users, and other stakeholders. Regional Councils will seek an appropriation of $1.4 million in 24a9 and will work with DENR and other agencies to secure this funding and will . support ether legislation that fosters regional planning for water infrastructure.} UGH P~.I(JRITIES Scl~ool l~undin Needs: Triangle J supports legislation that establishes adequate and reliable funding of public schools in North Carolina that matches needs, resources, and mandates, along with efforts to restore the ability of school districts to receive state sales tax refunds or exemptions. The region will support legislation that reverses the existing and continuing trend of insufficient operational and capital funding for public schools, and will oppose the substitution of lottery funds for the School Capital Construction Fund ~AU11Z}. Triangle J will further seek legislation to establish a Legislative Study Conunission on a phased increase in the mandatory school age limit from 1 d to 18. ~rawtl~ ,~ana ement Strafe : Triangle J supports legislation that expands local land use tools, protects local land use authority and encourages statelregionaUlocal cooperation to achieve sound growth rather than state mandates. The region will support the addition of local gover~un.ent appointees to the Legislative Oversight Committee established as a follow up to the state's Legislative Study Commission on Smart growth, and will support the use of pilot projects as a means to demonstrate the effectiveness of incentive based planning. The local land use tools supported under such legislation would include inducements such as transfer of development rights, inclusionary zoning and housing programs, and expanded local revenue sources for connnunity and regional infrastructure. Triangle J supports state funding for mixed income housing opportunities, environmental pragrarns, open spacelfar~n land, rural economic development, downtownlmain street development, and o~.er economic development ~kcent~ves. Air ualit~: Triangle J supports legislation to promote f~.ancial strategies for efforts that will reduce greenhouse gases, promotes clean air, and assist state and local gavern~ment to meet attainment of :EPA standards. The region supports linkage of air quality to growth management, transportation, and public health strategies to promote the use of alternative fuels and technology, avoid the adverse economic effects of pollution, and secure energy independence. Triangle J supports legislation that implements the "Air Quality Policy" recommended by the N.C. Joint Regional Forum, and the establishment of an Air Quality Trust Fund. Regional Legislative Agenda Page ~ .homeland Seeuri and Re Tonal ~`mer enc .Pre aredness: Triangle J supports legislation for the following ~o~neland Security and Regional Emergency Preparedness initiatives: ~ Provide planning services for homeland security on a regional basis, and the funding of city and county needs for regional emergency preparedness Leadership and affu~mative action from the governor's office, the N.C. Division of ~~nergency N~anagement, and the Department of Crime Control and Public Safety for the resources necessary to assure adequate "threat assessment", sufficient communications capabilities, evacuation planning the necessary training associated with homeland Security, and implementation of the Cruninal Justice nforn~ativn Network ~CJIN} ~ Stronger regulatory control requiring disclosure of hazardous and toxic waste at all sites, both temporary and permanent .Indi ent and Uninsured Health Care ,Delive Costs: Triangle J seeks legislation to establish a legislative study commission to develop recommendations on the state's health care delivery system and the needs of the uninsured population. I~nmi ration: Triangle J supports legislation to establish a legislative study commission to develop reconunendation on the effects of documented and undocumented un~nigration upon municipal and county services and how to address the many challenges these demands on local government services create. ®Tl~~. PI~dI~RITIES A in and ion Term Care .fl~eeds or the Older ~Po elation: Triangle J supports efforts to recognize the right of every North Carolina resident to have access to health care, and the restoration of Area Agency on Aging funding to the level available in 2U4 . Triangle J further supports legislation that: ~ Provides support to address workforce shortages of direct care wotkers gained and paid to assist those in need of long term care ® Allow consumers to make informed decisions about nursing home placement ~ Provides for unproved access of older adults to dental care services, including support for the special care dental delivery model using mobile care units to serve long-term care facilities and senior centers .~rxed 2"ncome I~ousin : Mixed ~ncorne housing, as an element of land use planning and growth management, is key to quality of life in the region. Triangle J supports legislation that appropriates recurring funds for the North Carolina Sousing Trust Fund to provide new home ownership opportunities, slang with affordable rental homes for the disadvantaged. .economic Develo meet: Triangle J supports legislation providing for state cooperation with the region's Foreign Trade Zone activities as a link to the global trade market to assure continued economic vitality. Triangle J also supports regional transit as an unportant part of the region's economic development strategy. Triangle J supports legislation that creates a state policy for. alternative energy job creation and independence through business incentives, and the use of North Carolina's universities and their research capabilities. open Space: Triangle J supports funding of the state's Dne North Carolina Naturally fnitiative, along with other open space and green space concerns, inclusive of increased funding for faros land Regional Legisla~~ve Agenda Page 4 preservation and other similar economic development activities. Triangle J supports the Land for Tomorrow Initiative and its proposal far state conservation of land and water resources. State L.~() Funding: Triangle J supports legislation to increase annual funding for North ~ Carolina's seventeen regional councils from a~ $~4,UU4 per region to $14o,0QO per region to carry out regional planning and economic development activities for local government. ~°u~-lic Duty Doctrine: Triangle J supports legislation ~o restore application of the "Public Duty Doctrine" to local governments. lefenslve Goals and Priorities withholding of Local Funding: Triangle J strongly opposes the withholding of local govern.~ment funds to balance any shortfalls in the state budget. Francltisin Authority: Triangle J opposes legislation to further weaken or eliminate the ability of local government to exercise franchise authority andlor interfere with the ability of local government to protect its public rights~af way and property. Tax Assessment Autliori : Triangle J supports current statutory authority allowing local governments to assess property fvr purposes of ad valorem taxation at full market value, therefore, negating any need for legislation that would exempt builders "inventory". Solid Waste: Triangle J opposes any legislation to further weaken the authority andlor ability of local government to operate and administer Solid waste services. A~,n~: Triangle J opposes legislation to consolidate Area Agencies on Aging as proposed by the federal government. ~'ranspvrtation: Triangle J opposes the mandate of new Transportation Authority for local government without the necessary revenue sources to support these new responsibilities. Approved by Tr~angie J Legisat~ve Connnit~ee -~ November 6, 2008 Additianai To is far Discussion with Le illative Deie atian Use of Dogs for Deer Hunting Purposes The Board of County Commissioners is preliminarily bringing the issue of "enabling Legislation tv Allow local ~avernment Regulation of the Use of Dvgs for Deer bunting Purposes" to the attention of grange County's legislative delegation. The Beard of Commissioners will consider additional review and discussion of this issue, including outreach to and involvement by hunters in the County who use dogs in pursuit of deer, review of prohibitions enacted by adjacent counties and, depending on the outcomes of that effort, may present legislation for consideration by the legislative delegation in ~4 ~ 0.