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HomeMy WebLinkAboutAgenda - 03-16-1999 - 8d ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:. Mazch 16, 1999 Action Agenda Item No. .~ -d,. SUBJECT: 1999 Orange County Legislative Agenda DEPARTMENT: County Attorney PUBLIC HEARING: (Y/1~ BUDGET AMENDMENT: (Y/1~ ATTACHMENT(S): 3/3/99 Resolutions Regarding Legislative Matters 3/16/99 Resolutions (to be provided by 3/16/99 under sepazate cover) INFORMATION CONTACT: Geof Gledhill, 732-2196 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider several resolutions that will amplify the Boazd's adopted legislative agenda for consideration in the 1999 Session of the North Cazolina General Assembly. BACKGROUND: At their regular meeting on Mazch 3, 1999, the Board of Commissioners adopted the attached two resolutions regarding legislative matters. The first identifies those specific issues which the Boazd of Commissioners requests be introduced in the General Assembly this year by the Orange County legislative delegation. The second indicates the Board of Commissioners' support for various other legislative matters that may be considered by the General Assembly this yeaz. The County Attorney has transmitted the resolutions by cover letter to the members of the Orange County legislative delegation, with an indication that a few refinements to the Boazd's legislative agenda will be forthcoming prior to the March 24 General Assembly deadline for filing proposed local bills. The County Attorney is working with several members of the Board on resolutions that would clarify the Boazd's positions related to certain transportation initiatives and North Cazolina Department of Transportation reform. Information related to these issues will be provided to the Board under sepazate cover, and prior to the March 16 meeting. FINANCIAL IMPACT: There is no direct financial impact related to the adoption of these resolutions, although enactment by the General Assembly of some of the requested legislative measures would have impacts, generally beneficial, on the County's revenues in future fiscal years. RECOMMENDATION(S): The Manager recommends that the Board approve the resolutions clarifying the Boazd's 1999 legislative agenda, and authorize the County Attorney to transmit these to the Orange County legislative delegation. 2 ,' NORTH CAROLINA ORANGE COUNTY RESOLUTION REGARDING LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to introduce and support the following legislative matters: 1. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES (Exhibit A to this Resolution); 2. AN ACT RELATING TO CLASSIFICATIONS UNDER THE ORANGE COUNTY CIVIL RIGHTS ORDINANCE (Exhibit B to this Resolution); 3. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY (Exhibit C to this Resolution); 4. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY ONE-CENT LOCAL SALES AND USE TAXES FOR PUBLIC CAPITAL FACILITIES (Exhibit D to this Resolution); 5. AN ACT TO CLARIFY THE AUTHORITY OF ORANGE COUNTY TO REGULATE THE USE, STORAGE, DISPOSAL, LABELING, OR APPLICATION OF PESTICIDES !Exhibit E to this Resolution); 6. AN ACT TO AMEND THE AGRICULTURAL, HORTICULTURAL, AND FOREST LAND PROPERTY TAX CLASSIFIATION TO INSURE THAT PROPERTY 3 TRANSFERRED FROM FARMER TO FARMER DOES NOT LOSE ITS ELIGIBILITY FOR THE CLASSIFICATION (Exhibit F~to this Resolution); 7. AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE § 122C- 251(h) (INVOLUNTARY COMMITMENT-TRANSPORTATION) TO PROVIDE THAT THE COST AND EXPENSE OF TRANSPORTING A RESPONDENT IN AN INVOLUNTARY COMMITMENT PROCEEDING TO OR FROM A 24-HOUR FACILITY IS THE RESPONSIBILITY OF THE COUNTY OF RESIDENCE OF THE RESPONDENT (Exhibit G to this Resolution). 8. AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE § 153a- , 445 (MISCELLANEOUS POWERS FOUND IN CHAPTER 160A) TO AUTHORIZE COUNTIES TO REGULATE BY ORDINANCE THE EMISSION OF POLLUTANTS OR CONTAMINATES IN THE SAME MANNER AND TO THE SAME DEGREE AS CITIES ARE SO AUTHORIZED AS PROVIDED IN N.C. GEN. STAT. § 160A-185 (Exhibit H to this Resolution). Upon motion of Commissioner Jacobs, seconded by Commissioner Halkiotis, the foregoing resolution was adopted this the 3ra day of March, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina., DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 3, 1999 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. 4 WITNESS Iriy hand and the seal of said County, this -~ITi day of 1999. ' Clerk to t e Board of ommissioners mydocuments/A2resreglegmatter.doc 5 NORTH CAROLINA ORANGE COUNTY RESOLUTION REGARDING LEGISLATIVE MATTERS BE IT RESOLVED by the Board of Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to support legislation regarding the following matters: (a) transportation initiatives that could require legislative assistance, including funding for and planning for rail stations in Orange County and planning for and funding for more bicycle lanes on roads in Orange County; (b) the creation of a legislative study committee concerning .North Carolina Department of Transportation reform; (c) legislation strengthening the State's spay and neuter laws ( S_) ; (d) reduce property taxes on homestead property, allow more individuals to qualify for the homestead tax reduction and State reimbursement to local governments for half of the revenue lost due to the homestead tax reduction (H89). BE IT FURTHER RESOLVED by the Board of Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to support the North Carolina Association of County Commissioners in its initiatives for the passage of legislation covering the following items: (a) provide an expanded menu of county revenue sources;. 6 (b) provide an increased State role in paying the costs of Medicaid; {c) restore growth and reimbursements for lost local property tax revenue; (d) provide State funding for increased school utility costs; (e) increase court fees to provide counties with revenue for court facilities; (f) increase Medicare reimbursements for EMS bills; (g) prevent tax base erosion that would occur from property tax exemption for nonprofit retirement facilities; (h) streamline design and bidding processes for new school construction; (i) promote further annexation reform so that it is designed to give people in the area being annexed more control over the process and the result; (j) create on-campus voting precincts; (k) require utility providers to gain county approval for utility route selections; (1) promote campaign finance reform; (m) increase accountability from charter schools; (n) improve the legislation pertaining to school systems seizing vehicles in a way that holds the school system required to seize the vehicles financially harmless from this Statewide requirement.. 7 Upon motion of Commissioner Jacobs, seconded by Commissioner Halkiotis, the foregoing resolution was adopted this the 3rd day of March, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 3, 1999 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 2~ of the minutes of said Board. WITNESS my hand and the seal of said County, this ~ day of 1999. Clerk to th Board of Commissioners mydocuments/resreglegmatter.doc 24 1 ORANGE COUNTY, NORTH CAROLINA 2 RESOLUTION REGARDING LEGISLATIVE MATTERS 3 (Second Resolution presented by Commissioner Jacobs) 4 WHEREAS, reexamination of the role and structure of the North Carolina Department of Transportation has 5 been a major thrust of recent reform efforts led by the Governor, the North Carolina legislature, and the 6 North Carolina Secretary of Transportation; and 7 8 WHEREAS, while Orange County respects and accepts the traditional control of funds by the North 9 Carolina Department of Transportation, it is mindful that the current structure was established during the 10 Depression of the early 1930s, when counties went bankrupt and the state was primarily agrarian; and 11 12 WHEREAS, the pressures of increasing urbanization in some counties have outstripped North Carolina's 13 capacity to provide adequate roads and effective transportation alternatives in a timely fashion; and 14 15 WHEREAS, highway congestion is a major factor in air pollution, difficulty of travel, road rage, and 16 degradation of quality of life; and 17 18 WHEREAS, preservation of community character and environmental health are central to local government 19 efforts in Orange County; and 20 21 WHEREAS, it is necessary for both counties and the North Carolina Department of Transportation to 22 address transportation demands in a prompt, creative, flexible, democratic, and cost-effective manner in 23 order to maintain the quality of life enjoyed by our citizens. 24 25 NOW, THEREFORE, be it resolved by the Board of Commissioners of Orange County that the Board 26 hereby requests the Senators and Representatives representing Orange County to support a study 27 commission on the relationship between county interests and the North Carolina Department of 28 Transportation with regard to: 29 30 1. promoting smooth and safe flow of traffic through setting speed limits, altering the 31 synchronization of traffic signals, permitting driveway access, and recommending the placement of traffic 32 signals and signage; 33 2. establishing means of promoting pedestrian travel, such as the installation of crosswalks; 34 3. encouraging a more flexible approach to highway design, particularly in subdivisions, and to 35 permit a variation from the "one size fits all" approach as contained in A Policy on Geometric Design of 36 Highways and Green Streets; 37 4. maintaining the highest possible safety standards but giving consideration in designing 38 facilities to factors such as the setting and character of an area, the needs of the users, the environment, 39 and the land-use planning goals of the community; 40 5. providing increased county participation in the design of transportation facilities, and with 41 respect to road projects, input on the type of road, its width, its design speed and whether bicycle and 42 pedestrian facilities are to be included; 43 6. identifying other transportation functions in which county govemment has a legitimate 44 interest that require a minimal additional expenditure of funds and do not compromise public safety. 45 25 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ORANGE COUNTY, NORTH CAROLINA RESOLUTION REGARDING LEGISLATIVE MATTERS (First Resolution by Chair Gordon) WHEREAS, Orange County supports a multimodal approach to transportation which is sensitive to community and environmental concerns; and WHEREAS, in the past the State's transportation funding priority has primarily been roads rather than public transportation systems and both need to be adequately funded to achieve a balanced transportation system for this area; and WHEREAS, the North Carolina Department of Transportation has adopted a multimodal approach to transportation in our State; and WHEREAS, Orange County is a member of and participates in the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) and supports its multimodal approach and its emphasis on more local and regional control of transportation. NOW, THEREFORE, be it resolved by the Board of Commissioners of Orange County that the Board hereby urges the North Carolina Department of Transportation and requests the Senators and Representatives representing Orange County to urge the North Carolina Department of Transportation (NC DOT) to: 1. Place more emphasis on public transit, bikeways, sidewalks and other alternatives to roads and relatively less emphasis on local and regional transportation systems, which rely on the single passenger automobile so as to foster a more balanced approach to transportation needs; a. take a broader approach to transportation and incorporate enhancement features such as bike lanes and sidewalks in NC DOT road projects as a matter of course; b. spend more money Statewide for bicycle and pedestrian enhancement features of highway projects as part of highway projects and increase the money Statewide for these enhancements beyond that made available through the Surtace Transportation Project Direct Apportionment funds of the DCHC MPO; c. program additional funds to be made available by the North Carolina Department of Transportation for enhancements to Surface Transportation Projects to improve pedestrian safety; d. eliminate the funding cap of $300,000 for individual bicycle projects to enable the completion of larger bicycle projects in a timely manner. 2. Allow more local control for Orange County on transportation projects within Orange County, including more participation in project selection and design, and similarly, more control by the DCHC MPO for regional transportation projects; a. encourage amore individualized approach to highway design and to permit a variation from the "one size fits all" approach used by the North Carolina Department of Transportation as contained in A Policy on Geometric Design of Highways and Streets (sometimes called the "Green Book"); b. maintain the highest possible safety standards but, in designing roads and other transportation facilities, give consideration to other factors such as the setting and character of the area, the needs of the users, the environment and the goals of the community; c. provide for local government participation in the design of transportation facilities, and, in particular, with respect to road projects, allow local input on the type of road, its width, its design speed and whether bicycle and pedestrian facilities are to be included. 3. Provide more funding in Orange County for maintenance of roads, safety projects, and for secondary road projects.