HomeMy WebLinkAboutAgenda - 02-02-1999 - 10bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 2, 1999
SUBJECT: 1999 Legislative Goals
DEPARTMENT: Manager /Attorney
ATTACHMENT(S):
As outlined in Background section
Action Agenda
10-6
Item No.
PUBLIC HEARING: (Y/N)
BUDGET AMENDMENT: (Y/N)
INFORMATION CONTACT:
Rod Visser, ext 2300
Geof Gledhill, 732 -2196
TELEPHONE NUMBERS:
Hillsborough
732 -8181
Chapel Hill
968 -4501
Durham
688 -7331
Mebane
336- 227 -2031
PURPOSE: To undertake preliminary discussions regarding proposed legislation the Board may wish to
submit to the Orange County legislative delegation for consideration during the North Carolina General
Assembly's 1999 Long Session.
BACKGROUND: The North Carolina General Assembly convened for its 1999 Long Session on
January 27, 1999. Deadlines for local legislation to be requested by counties and cities have not yet been
established. During the 1997 Long Session, that deadline was March 27.
The County Commissioners submitted legislative requests to Orange County's legislative delegation in
1997 and 1998. The County Attorney will briefly review the elements of those legislative packets and
report on the status of each request.
Staff have compiled a range of reference material for the Board to consider as they contemplate the
development of a legislative agenda to be submitted to the General Assembly for 1999. Attachments
include:
• List of potential topics for local or statewide legislation in 1999
• 1997 Orange County legislation packet (under separate cover)
• 1998 Orange County legislation packet (under separate cover)
• 1999 legislative goals adopted by the North Carolina Association of County Commissioners
( NCACC) (under separate cover)
• October 6, 1998 Board of Commissioners resolution submitted to the NCACC regarding potential
1999 legislation of statewide applicability (under separate cover)
The Manager recommends that the Board pursue a meeting during the next few weeks with the members
of the Orange County legislative delegation. This would afford the Board an opportunity to discuss with
the legislators items that are under preliminary consideration by the Board for inclusion in their 1999
legislative agenda. The Board could also receive an assessment from the legislators of likely rules,
timetables, and deadlines for the 1999 Session, and of the climate within the General Assembly that
would have a bearing on the chances for passage of various County legislative requests.
This item was originally scheduled for discussion at the January 19, 1999 meeting but due to time
constraints was carried forward to this meeting.
RECOMMENDATION(S): The Manager recommends that the Board discuss possible topics for 1999
legislation in the General Assembly, consider arranging a meeting with the Orange County legislative
delegation, and provide appropriate direction to the Manager and Attorney.
POSSIBLE 1999 ORANGE COUNTY LEGISLATIVE TOPICS
1/28/99
To assist the Commissioners with their discussion, the staff has compiled the following list of possible topics.
Items that would be local bills are denoted with one asterisk ( *); items that would likely be Statewide in their
application are denoted with two asterisks( * *); and items that could be either local to Orange County or Statewide
in their applicability are denoted with three asterisks( * * *).
A. REVENUE ISSUES
1. Expanded menu of county revenue sources **
2. School impact tax, to replace school impact fee*
3. County authority to levy land transfer taxes * **
4. Authority for counties to levy additional sales taxes***
5. Additional one cent sales tax that might be allocated to school capital * **
6. Increased State role in paying the costs of Medicaid **
7. Restoring growth in reimbursements for lost local property tax revenue **
8. State funding for increased school utility costs **
9. Local government exemption from State sales taxes (to supplant current reimbursement approach) **
10. Increased court fees to provide counties with revenue for court facilities **
11. Increased Medicare reimbursements for County EMS bills **
12. Opposition to measures to restrict annual increase in the valuation of real property to 2 % **
13. Addition of Orange County to list of counties authorized to garnish/levy /attach for payment of EMS fees * **
14. Payment in lieu of taxation for UNC properties * **
15. Prevent tax base erosion that would occur from property tax exemption for non - profit retirement facilities **
16. Entertainment tax*
17. Deferral of accrued taxes when agricultural property changes hands from farmer to farmer * **
18. Amendment of Machinery Act to clarify that a measurement error is a basis for refund **
B. ALL OTHER ISSUES
1. Streamline the design and bidding processes for new school construction * **
2. Require utility providers to gain county approval for utility route selections **
3. Transportation initiatives that could require legislative assistance, including planning for rail stations in
Orange County and funding more bicycle lanes * **
4. Campaign finance reform **
5. Increased accountability from charter schools **
6. Amend seized vehicle revised legislation that requires schools to still pay for towed vehicles **
7. Repeal statute establishing requirement for a County Review Officer to certify all plats, maps, etc. prior to
recording **
8. Strengthen adult protective services law **
9. Authorization for County to assign road names and street numbers for private roads * **
10. Expand Work First flexibility* **
11. Annexation reform***
12. Transfer of development rights * **
13. DOT reform **
14. County authority parallel to city authority to regulate burning * **
15. Local authority to regulate pesticides under land use regulations * **
16. Authority to include sexual preference /orientation as a class protected against discrimination*
17. Creation of on- campus voting precincts * **
18. Incorporation of proposed Town of Hebron*
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LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919.732.2196 FROM THE DESK OF
FAX 919.732.7997 GEOFFREY E. GLEDHILL
May 22, 1997
C. Ronald Aycock, Esquire
Executive Director
North Carolina Association of
County Commissioners
Post Office Box 1488
Raleigh, North Carolina 27602
RE: 1997 Legislation
Dear Ron:
Enclosed is a resolution of the Board of Commissioners of
Orange County supporting the Association's position on the bills
referred to in the resolution. In sending this on to you, I
recognize and the Orange County Board of Commissioners recognizes
that the Association favors a sales tax option which is of longer
duration than Senator Purdue's Senate Bill 518. The Orange
County Board of Commissioners also supports that position. With
a copy of this letter, I am providing the Orange County
legislative delegation with a copy of the enclosed resolution and
requesting, on behalf of the Board of Commissioners, their
support of the legislative initiatives contained in the
resolution.
Enclosed also is a copy of a resolution sent to the Orange
County legislative delegation seeking amendment to Senator
Hartsell's Senate Bill 469, a bill now applicable to only
Cabarrus County providing local sales tax and local transfer tax
authorization to fund the capital needs of the public schools.
The requested amendment would add Orange County to the counties
enabled by Senate Bill 469. The Orange County Board of
Commissioners requests the support of the Association for Senate
Bill 469.
5
C. Ronald Aycock, Esquire
Page 2
May 22, 1997
with best personal regards.
GEG /lsg
Enclosures
xc: Representative
Representative
Senator Eleano:
Senator Howard
Very truly yours,
COLEMAN,,/ GLEDHILL & HARGRAVE, P.C.
Ge"�rev D'. Cl-edhi l l
Joe Hackney \
Verla C. Insko
r Kinnaird
Lee
Bill Crowther, Chair
Margaret Brown
Moses Carey, Jr.
Alice Gordon
Stephen Halkiotis
Orange County Board
of Commissioners
John M. Link, Jr.,
Orange County Manager
James B. Blackburn, III, Esquire
General Counsel, NCACC
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aycock.ltr
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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 the North
Carolina Association of County Commissioners in its opposition to
the following legislative matters:
1. House Bill 499. This bill would make Orange County's
land records data base available for reuse and for profit, at
practically no cost, to real estate trade associations and their
members. Orange County, Chapel Hill, Carrboro and the Orange
Water and Sewer Authority have spent a considerable amount of
public money developing a land records system for public
purposes. The public should be paid for the sale of this
information to persons or organizations who or which would use it
for private purposes and resell it for profit.
2. Senate Bill 799. This bill would make public "serious
disciplinary actions" now maintained confidentially in the
personnel files of local government employees. It also would
make public the entirety of a local government employee's
personnel file "once two serious disciplinary actions have been
imposed." This bill provides no opportunity for the balancing of
the public interest with the employee privacy interest before the
release of the personnel file information. This balancing
process is required under present law.
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3. Senate Bill 844. This bill will require narrative
written accounts or audio or video taped accounts of closed
sessions. The "account" would be a public record although it
could be withheld from public inspection if making it public
would frustrate the purpose of the closed session. This bill
intends to overrule a recent Supreme Court decision allowing a
generalized account of closed sessions as part of the minutes of
a Board meeting. If enacted into law, this requirement of an
"account" of the closed session likely will have a chilling
effect on Board members' willingness to openly discuss matters
which are sensitive and therefore are afforded, by the Open
Meetings Law, closed session status.
4. House Bill 949. This bill effects the medical,
hospital and any other records, including DSS investigatory
records, of a child who is killed as the result of suspected
abuse or neglect. These records in the custody of government
agencies will be public records if House Bill 949 is enacted into
law. Under present law a court can open these confidential
records to inspection under certain circumstances. House Bill
949 would place the burden on the public agency to seek a court
order to protegt the confidentiality of the child records. In
addition to the privacy concerns, this bill likely will cost
counties. It will force the local department of social services
and the local health department to choose between protecting the
privacy of the deceased children in question knowing that the
privacy option will cost money, and, knowing that a decision not
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to seek court order protection of the records will be "second
guessed."
BE IT FURTHER RESOLVED that the Board of Commissioners of
Orange County supports the North Carolina Association of County
Commissioners in its support of the following legislative matter:
1. Senate Bill 518. This bill would provide for a
temporary 1 cent local sales tax for a period of 1 year if
approved by a local referendum. The proceeds of this bill would
be divided among the County and its municipalities on either a
per capita basis or on the basis of ad valorem taxes levied, at
the option of the County Commissioners.
Upon motion of Commissioner Margaret Brown , seconded by
Commissioner Stephen Halkiotis , the foregoing resolution was
adopted this the 21st day of May, 1997 .
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 May 21, 1997 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No. 29 of the minutes of said
Board.
WITNESS my hand and the seal of said County, this 22nd day
of may 1997.
Clerk to e Board o o issioners
lsg -9
legis.res
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LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HIL SIMOUGH, NORTH CAROLINA 27278
919- 732 -2196
FAX 919. 732.7997
May 22, 1997
Representative Joe Hackney
Representative Verla C. Insko
Senator Eleanor Kinnaird
Senator Howard Lee
State Legislative Building
Raleigh, North Carolina 27611
RE: Legislation Affecting Orange County
Dear Representatives and Senators:
9
FROM THE DESK OF
GEOFFREY E. GLEDHILL
The Board of Commissioners of Orange County has asked me to
transmit the enclosed resolutions opposing and supporting certain
legislative initiatives in the General Assembly. One of these
requests is that you seek amendment to and that you support
Senate Bill 469, Senator Hartsell's local revenue option bill.
The local revenue raised under Senate Bill 469 could only be used
for school construction and would authorize revenue sources as
alternatives to debt service to finance badly needed school
construction projects.
Orange County has previously requested a local bill enabling
it to enact a transfer tax. The Board of Commissioners
understands that Orange County's Omnibus Bill introduced in the
Senate, including the transfer tax, may not move out of the
Senate Rules Committee. And, the committee substitute of the
House version of the County Omnibus Bill still under
consideration does not include a transfer tax. As an alternative
to pursuing a transfer tax in the two Orange County Omnibus
Bills, the Orange County Board of Commissioners requests that you
seek amendment to Senator Hartsell's bill to include Orange
County.
10
Representative Joe Hackney
Representative Verla C. Insko
Senator Eleanor Kinnaird
Senator Howard Lee
Page 2
May 22, 1997
Thank you for your help with these legislative matters. I
continue to offer any help I can provide in the legislative
process. Please call me if I can help.
Very truly yours,
GLEDHILL & HARGRAVE, P.C.
sdhi l l
GEG /lsg
Enclosures
xc: Bill Crowther, Chair
Margaret Brown
Moses Carey, Jr.
Alice Gordon
Stephen Halkiotis
Orange County Board of Commissioners
John M. Link, Jr., Orange County Manager
C. Ronald Aycock, Esquire,
Executive Director, NCACC
James B. Blackburn, III, Esquire,
General Counsel, NCACC
lsg -9
ocleg.ltr
11
NORTH CAROLINA
ORANGE COUNTY
RESOLUTION REGARDING
LEGISLATIVE MATTERS
WHEREAS, Senate Bill 469, introduced by Senator Hartsell,
would provide Cabarrus County with revenue options to meet public
school construction needs; and
WHEREAS, Senate Bill 469 requires a referendum on a sales
and use tax option and on a real estate transfer tax option; and
WHEREAS, the proceeds of either tax, if approved by
referendum and enacted by resolution of the Board of
Commissioners, would be available for public school building
capital outlay projects including the planning, construction,
reconstruction, enlargement, improvement, repair, or renovation
of public school buildings and for the purchase of land for
public school buildings but would not be available to pay debt
service or to fund a public school building capital outlay
project that is or will be financed in part by debt; and
WHEREAS, the authorization for these new taxes is temporary
in nature with a 10 year life and the possibility of a 10 year
renewal; and
WHEREAS, Senate Bill 469 contains non supplant restrictions.
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board
of Commissioners requests its legislative delegation to seek
amendment of Senate Bill 469 to include Orange County among the
counties enabled by it and to support the bill as amended.
1
12
Upon motion
of Commissioner
Margaret Brown
seconded by
Commissioner
Stephen Halkiotis
the foregoing
resolution was
adopted this the 21st day of May, 1997.
I, Beverly A. Blythe, Clerk to the Board of Commissioners
for the County of Orange, North
the foregoing is a true copy of
said Board at a meeting held on
way to the adoption of the forei,
are recorded in Minute Book No.
Board.
of
Carolina, DO HEREBY CERTIFY that
so much of the proceedings of
May 21 , 1997 as relates in any
joing and that said proceedings
29 of the minutes of said
WITNESS my hand and the seal of said County, this 22nd day
May 1997.
Clerk to th oard of cbudfissioners
lsg -9
legis2.res
2
LAW OFFICES 13
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRACVER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919- 732 -21% March 18, 1997 FROM THE DESK OF
FAX 919- 732.7997 GEOFFREY E. GLEDHILL
Representative Joe Hackney
Representative Verla C. Insko
Senator Eleanor Kinnaird
Senator Howard Lee
State Legislative Building
Raleigh, North Carolina 27611
RE: Legislation of Orange County
Dear Representatives and Senators:
The Board of Commissioners of Orange County has asked me to
request that you introduce five local bills during the 1997
session of the General Assembly. Each of these bills covers a
matter of importance to Orange County. They are addressed in the
enclosed Resolutions.
Orange County conducted a public hearing on legislative
matters on March 5, 1997. The Board of Commissioners appreciates
Senator Kinnaird attending that public hearing to hear, first-
hand, the comments made by the people of Orange County.
There were a number of speakers attending the public hearing
who spoke in support of legislation which would enable Orange
County to expand the coverage of its Civil Rights Ordinance to
prohibit discrimination based on a person being heterosexual,
homosexual or bisexual. The Orange County Human Relations
Commission supports this legislative initiative. The Chair of
the Commission presented it and spoke for the Commission in
support of it. This legislative initiative has also been
supported by and continues to be supported by the Town Council of
Chapel Hill and the Board of Aldermen of the Town of Carrboro.
Orange County did receive one letter in opposition to including
protection for persons who are homosexual.
There was also support, presented orally and in writing, for
a local act which would clarify that Orange County, by exercising
its planning and zoning authority, can regulate pesticide use
more stringently than the North Carolina Pesticide Board. The
zoning regulations contemplated by the County in this regard have
to do principally with the use of pesticides in land uses such as
golf courses, the monitoring of their use, insuring that persons
qualified to use pesticides are the ones using them and requiring
persons using pesticides to provide notice to those likely to
encounter pesticides of their use, for example by sign following
pesticide spraying.
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Representatives Hackney and Insko
Senators Kinnaird and Lee
Page 2
March 18, 1997
No one spoke in opposition to the local initiatives which
would provide Orange County with additional sources of revenue
for capital expenditures. As each of you know, Orange County is
experiencing tremendous growth. It needs now and will need in
the future new schools, improvement and expansion of its existing
schools and new judicial and other government facilities to
adequately provide the services demanded by the people of Orange
County and those visiting it. Revenue Orange County would
receive from the land transfer tax and the entertainment tax
would be focused on these capital needs. Land transfers almost
always impact the schools of Orange County and forecast the need
for new school facilities. Persons using the large entertainment
venues in Orange County significantly increase the demand on
Orange County's judicial and other government facilities. The
facilities are being expanded now and will soon need to be
expanded more.
One of the resolutions enclosed seeks introduction of and
support for a bill revising Orange County's occupancy tax
authority to make it applicable generally to facilities owned by
the University of North Carolina. The Orange County Visitors
Bureau is funded wholly from occupancy tax revenue. The Visitors
Bureau promotes Orange County businesses and particularly the
businesses catering to visitors to the County. The Carolina Inn
is a significant beneficiary of the promotion work of the
Visitors Bureau. The revision to the occupancy tax authority
sought by Orange County will clarify that this tax applies to
persons, other than the University itself, buying accommodations
at the University in the same manner as it applies if the
accommodations where purchased, say at the Hotel Europa. The
Town of Chapel Hill has adopted a similar resolution. The Town
and the County expect to work together with the University on the
final language of the bill to ensure that it accomplishes its
intended purpose, without unintended consequences to the
University.
Orange County also seeks your support for several statewide
initiatives. The Smart Start Program has been very successful in
Orange County. Orange County seeks your continued support of
this early childhood program and at the increased levels proposed
by Governor Hunt.
The North Carolina Association of County Commissioners is
seeking legislation which would authorize counties to levy an
excise tax on instruments conveying real property as an
alternative source of revenue for counties. Orange County
supports this initiative. And, if it is successful, Orange
County's local bill to authorize this excise tax can fall away.
Enclosed is information received by Orange County from its
ABC Board. Orange County supports the initiative of the State
15
Representatives Hackney and Insko
Senators Kinnaird and Lee
Page 3
March 18, 1997
ABC Board for a more equitable funding of the State Alcoholic
Beverage Control Commission. The vast majority of the State
Commission's work load relates to beer and wine oversight. The
vast majority of the revenue used to operate the State ABC
Commission comes from excise taxes on spirituous liquor. The
redistribution of the revenue for this purpose will be a direct
benefit to Orange County. The net proceeds of the ABC operation
come to the County's general fund.
Orange County received information from the Conservation
Trust for North Carolina in support of bills which will increase
the State income tax credit available to property owners donating
land or donating conservation easements in land for conservation
purposes. Senator Kinnaird is one of the Senate sponsors of this
legislation. Orange County supports this legislation.
Conserving farmland and other open space is an important goal of
Orange County. County policies and land use ordinances encourage
the conservation of open space and offer development
opportunities for land owners that build open space conservation
into their development plans. Increasing the State income tax
credit for land donated for conservation purposes will help
Orange County achieve its open space and farmland preservation
goals.
Thank you for your help in introducing the local legislation
requested in this letter and your support of it as it moves
through the legislative process. Thank you also for your support
of the Statewide legislative initiatives which are included in
one of the enclosed Resolutions. I am ready and willing to help
in any way that I can in the legislative process. Please call on
me if I can help.
Very truly yours,
COLEMAN,
ILL & HARGRAVE, P.C.
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GEG /lsg
Enclosures
xc: Bill Crowther, Chair
Margaret Brown
Moses Carey, Jr.
Alice Gordon
Stephen Halkiotis
Orange County Board of Commissioners
John M. Link, Jr., Orange County Manager
Michael B. Brough, Carrboro and Hillsborough
Ralph D. Karpinos, Chapel Hill Attorney
Attorney
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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 introduce and
support the following legislative matters:
1. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX
ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY (Exhibit
A to this Resolution).
2. AN ACT TO AUTHORIZE ORANGE COUNTY TO ADOPT AN
ENTERTAINMENT TAX ON EVENTS AT LARGE FACILITIES IN ORANGE COUNTY
(Exhibit B to this Resolution).
3. AN ACT TO ADD THE STATUS OF HETEROSEXUALITY,
HOMOSEXUALITY AND BISEXUALITY TO THOSE CLASSIFICATIONS AUTHORIZED
TO BE PROTECTED BY AN ORANGE COUNTY CIVIL RIGHTS ORDINANCE
(Exhibit C to this Resolution).
4. AN ACT TO CLARIFY THE AUTHORITY OF ORANGE COUNTY TO
REGULATE THE USE, STORAGE, DISPOSAL, LABELING, OR APPLICATION OF
PESTICIDES IN AREAS SUBJECT TO REGULATION BY THE NORTH CAROLINA
PESTICIDE BOARD IN EXERCISING ITS PLANNING AND ZONING AUTHORITY
UNDER ARTICLE 18 OF CHAPTER 153A OF THE GENERAL STATUTES (Exhibit
D to this Resolution).
BE IT FURTHER RESOLVED that the Board of Commissioners of
Orange County requests its legislative delegation to support:
1. the continuation of the Smart Start Program and the
initiative of the Governor to improve the Smart Start Program and
expand its availability within the State of North Carolina;
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2. legislation which would authorize counties to levy an
excise tax on instruments conveying real property in accordance
with the initiative of the North Carolina Association of County
Commissioners;
3. legislation which would change and make more equitable
the manner in which State excise taxes on beer, wine and
spirituous liquor are assessed as proposed by and supported by
the North Carolina Association of Alcoholic Beverage Control
Boards;
4. legislation which would increase the State income tax
credit to private landowners who voluntarily donate land or an
interest in land for conservation purposes as proposed by and
supported by the Conservation Trust For North Carolina.
Upon motion of Commissioner Brown , seconded by
Commissioner Halkiotis
, the foregoing resolution was
adopted this the 18th day of March, 1997.
I, Beverly A. Blythe, Clerk to the Board of Commissioners
for the County of Orange, North
the foregoing is a true copy of
said Board at a meeting held on
way to the adoption of the forei.
are recorded in Minute Book No.
Board.
Carolina, DO HEREBY CERTIFY that
so much of the proceedings of
March 18, 1997 as relates in any
joing and that said proceedings
28 of the minutes of said
WITNESS my hand and the seal of said County, this 18th day
of March 1997.
Clerk to e Board of 26mmissioners
lsg -8
97leg.res
18
Exhibit A
AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON
INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY
The General Assembly of North Carolina enacts:
Section 1. Excise Tax.
(a) Authorization. The Orange County Board of
Commissioners may, by resolution, levy an excise tax on
instruments conveying certain interests in real property in
Orange County. The tax imposed may not exceed one dollar ($1.00)
on each one hundred dollars ($100.00) or fraction thereof of the
total consideration or value of the interest conveyed, including,
in the case of a sale, the value of any lien or encumbrance
remaining on the property at the time of sale. This tax is in
addition to the tax levied by Article 8E of Chapter 105 of the
General Statutes.
The value of a lease subject to this tax shall be computed
on the basis of the present value of the fixed lease payments
and, if the lease payments are based in whole or in part on the
lessee's receipts, the estimated amount of the lessee's receipts.
Based upon the recommendation of the Orange County Finance
Director, the Board of Commissioners shall, at least annually,
set the discount rate to be used to determine the present value
of lease payments. Such determination shall be conclusive.
(b) Scope. A tax levied under this section applies to all
instruments conveying an interest in real property in Orange
County except an instrument:
(1) conveying an interest in real property from the United
States, the State, or a political subdivision of the
State;
(2) recording a lease for a term of 10 years or less,
unless:
a. the lease gives the lessee an option to renew the
lease for a period that, when added to the term of
the lease, exceeds 10 years;
b. the lease is for substantially the same property
and is between the same parties as a lease
previously recorded, and the term of the new
lease, when added to that of the previous lease,
exceed 10 years; or
C. the lease requires or permits the property to be
transferred to the lessee for less than the fair
market value of the property;
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(3) securing indebtedness; or
(4) recording a transfer in which no consideration is due,
the transferor by the transferee.
In addition, this tax does not apply to conveyances of an
interest in real property by operation of law, by will, by
intestacy, by gift, by merger or consolidation.
(c) Collection. A tax levied under this section is payable
by the transferor of the interest to the Orange County Director
of Revenue. The transferor in the case of a Sheriff's deed is
herein defined to be the "debtor" whose property is sold pursuant
to judicial process. The Sheriff is hereby authorized to pay the
tax on behalf of the debtor /transferor and to charge the tax
levied under this section to the account of the debtor as a cost
of sale. This tax shall be paid at the office of the Director of
Revenue before the instrument conveying the interest is recorded.
The Director of Revenue shall have the authority to require any
documentation, including an affidavit of value, the Director of
Revenue deems necessary to establish the accuracy of the tax to
be paid. The Director of Revenue shall stamp or otherwise mark
each instrument subject to the tax to indicate that the tax has
been paid. The Orange County Register of Deeds may not accept
for recordation an instrument subject to a tax levied under this
section unless the instrument bears the mark of the Director of
Revenue indicating that the tax has been paid.
(d) Use and Distribution of Tax Revenue. Orange County may
retain in its general fund three percent (3%) of the gross
proceeds of the tax as costs of collection. The remaining
proceeds of the tax shall be retained by the County and placed in
a Capital Reserve Fund to be expended only for capital projects,
including debt service for capital projects. All interest earned
from investment of the funds in the Capital Reserve Fund shall be
held and expended only in accordance with the provision of this
subsection.
(e) Penalties. A person who knowingly fails or refuses to
pay a tax levied under this section, who knowingly aids another
to fail to pay a tax levied under this section, or who, to avoid
paying part or all of the tax due under this section, knowingly
misstates the total consideration for an interest conveyed is
guilty of a Class 3 misdemeanor and is punishable by imprisonment
as provided by law and a fine of not less than one hundred
dollars ($100.00) nor more than the amount of tax that is due and
payable.
(f) Taxes Recoverable by Action. If a transferor fails to
pay a tax imposed by this section within 30 days of the Revenue
Director's demand that the transferor pay the tax, the tax may be
recovered by Orange County in an action brought in the General
Court of Justice, Superior or District Court, of the county. In
an action to recover a tax imposed under this section, costs of
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court shall include a fee to the county of twenty -five dollars
($25.00) for the expense of collection.
(h) Effective Date and Application. A tax levied under
this section shall become effective on the first day of a month,
as designated in the resolution levying the tax, and may not
become effective for at least 30 days after the adoption of the
resolution. A tax levied under this section applies to
instruments that are recorded on or after the effective date of
the levy, except instruments executed on or after that date that
convey an interest in real property pursuant to a written
contract recorded before the effective date.
(i) Repeal. A tax levied by this section may be repealed
by a resolution adopted by the Orange County Board of
Commissioners. Repeal of a tax levied under this section shall
become effective on the first day of a month and shall apply to
instruments recorded on or after the effective date of the
repeal. Repeal of a tax levied under this section does not
affect a liability for this tax that attached before the
effective date of the repeal.
Sec. 2. This act is effective upon ratification.
lsg -8
exctax.exA
21
Exhibit B
AN ACT TO AUTHORIZE ORANGE COUNTY TO ADOPT AN ENTERTAINMENT TAX
ON EVENTS AT LARGE FACILITIES IN ORANGE COUNTY
The General Assembly of North Carolina enacts:
Section 1. Admissions Tax.
(a) Authorization and scope. Notwithstanding the
provisions of G.S. 105.37.1(b), the Orange County Board of
Commissioners may, by resolution, levy an entertainment tax on
every admission ticket purchased for admission to an
entertainment, amusement, athletic or commercial event for which
an admission is charged and which is presented in Orange County
in a facility having a seating capacity greater than 15,000.
This tax does not apply, however, to athletic events sponsored by
the North Carolina High School Athletic Association that involve
participants at or below high school level. The tax shall be at
a rate of not more than one dollar ($1.00) per admission ticket
purchased. This tax is in addition to any other State or local
tax.
(b) Collection. Every person, firm, corporation, or
organization selling admission tickets taxable under this section
shall collect the tax. This tax shall be collected at the same
time as the charge for furnishing a taxable admission ticket and
shall be paid by the purchaser to the seller of the admission
ticket as trustee for and on account of Orange County. The tax
shall be stated and charged separately from the sales price. The
tax shall be added to the admission price and shall be passed on
to the purchaser instead of being borne by the seller.
(c) Administration. Orange County shall administer a tax
levied under this section. A tax levied and collected under this
section is due and payable to the Orange County Director of
Revenue on or before the 15th day of the month following the
month in which the tax accrues. Every person, firm, or
corporation liable for the tax shall, on or before the 15th day
of each month, prepare and render a return on a form prescribed
by Orange County. The return shall state the total number of
admissions subject to the tax that were sold in the preceding
month. A return filed with the Director of Revenue under this
section is not a public record as defined in G.S. 132 -1 and may
not be disclosed except as required by law. Orange County may,
by resolution, establish additional procedures for collection,
reporting, remittal and use of a tax levied under this section.
(d) Penalties. A person, firm, or corporation who fails or
refuses to file the return required by this section shall pay a
tax penalty of ten dollars ($10.00) for each day's omission. In
case of failure or refusal to file the return or pay the tax for
a period of 30 days after the time required for filing the return
or for paying the tax, there shall be an additional tax penalty
22
of five percent (5%) of the tax due, with an additional tax
penalty of five percent (5%) for each additional month or
fraction thereof until the tax is paid. The Board of County
Commissioners may, for good cause shown, compromise or forgive
the tax penalties imposed by this section.
Any person who willfully attempts in any manner to evade a
tax imposed under this section or who willfully fails to pay the
tax or make and file a return shall, in addition to all other
penalties provided by law, be guilty of a misdemeanor.
(e) Use and distribution of tax revenue. The Board of
Commissioners of Orange County shall use the proceeds collected
from this tax solely for capital projects. The proceeds shall be
placed in a Capital Reserve Fund to be expended only for capital
projects, including debt service for capital projects. All
interest earned from investment of the funds in the Capital
Reserve Fund shall be held and expended only in accordance with
the provisions of this subsection.
(f) Effective date of the levy. A tax levied under this
section shall become effective on the date specified in the
resolution levying the tax. That date must be the first day of a
calendar month, however, and may not be earlier than the first
day of the second month after the date the resolution is adopted.
(g) Repeal. A tax levied under this section may be
repealed by a resolution adopted by the Orange County Board of
Commissioners. Repeal of a tax levied under this section shall
become effective on the first day of a month and may not become
effective until the end of the fiscal year in which the repeal
resolution was adopted. Repeal of a tax levied under this
section does not affect liability for a tax, its collection and
its payment to Orange County that was attached before the
effective date of the repeal, nor does it affect a right to a
refund of a tax that accrued before the effective date of the
repeal.
Sec. 2. This act is effective upon ratification.
lsg -8
enttax.exB
23
Exhibit C
AN ACT TO ADD THE STATUS OF HETEROSEXUALITY, HOMOSEXUALITY AND
BISEXUALITY TO THOSE CLASSIFICATIONS AUTHORIZED TO BE PROTECTED
BY AN ORANGE COUNTY CIVIL RIGHTS ORDINANCE
The General Assembly of North Carolina enacts:
Section 1. Section 14 of Chapter 358 of the 1993 Session
Laws is amended as follows:
Paragraph (a) of Section 6 of Chapter 246, Session Laws of
1991, reads as rewritten:
"(a) The Board of Commissioners of Orange County (hereafter
"Board of Commissioners ") may adopt an ordinance (hereafter "the
Ordinance ") to prohibit discrimination in employment, housing,
and public accommodations on the basis of race, color, religion,
gender, national origin, age, disability, marital status,
familial status an4 veteran status heterosexuality,
homosexuality and bisexuality.
The Board of Commissioners may include in the Ordinance a
prohibition of language or conduct or both directed at an
individual or at a group of individuals because of that
individual's or group of individuals' actual or perceived race,
color, religion, gender, national origin, age, disability,
marital status, familial status a-nd veteran status,,.
heterosexuality, homosexuality and bisexuality which communicates
in a threatening manner words that insight imminent lawless
action or which tend to insight an immediate breach of the
peace."
Sec. 2. This act applies only to Orange County.
Sec. 3. This act is effective upon ratification.
lsg -8
hetsex.exC
24
Exhibit D
AN ACT TO CLARIFY THE AUTHORITY OF ORANGE COUNTY TO REGULATE THE
USE, STORAGE, DISPOSAL, LABELING, OR APPLICATION OF PESTICIDES IN
AREAS SUBJECT TO REGULATION BY THE NORTH CAROLINA PESTICIDE BOARD
IN EXERCISING ITS PLANNING AND ZONING AUTHORITY UNDER ARTICLE 18
OF CHAPTER 153A OF THE GENERAL STATUTES
The General Assembly of North Carolina enacts:
Section 1. North Carolina General Statutes § 143- 465(d) is
amended by adding the following sentence to the end thereto:
"Notwithstanding the first sentence of this subsection,
Orange County, in the exercise of its planning and zoning
authority under Article 18 of Chapter 153A of the General
Statutes, may, in a manner more stringent than any rule,
regulation or resolution adopted by the North Carolina
Pesticide Board, regulate the use, storage, disposal,
labeling, or application of pesticides."
Sec. 2. This act applies only to Orange County.
Sec. 3. This act is effective upon ratification.
lsg -8
pest.exD
25
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION REQUESTING THAT THE NORTH CAROLINA GENERAL
ASSEMBLY ENACT LEGISLATION TO APPLY OCCUPANCY TAXES TO
FACILITIES OF THE UNIVERSITY OF NORTH CAROLINA IN ORANGE COUNTY
ON THE SAME BASIS AS FOR PRIVATE HOTELS AND MOTELS
BE IT RESOLVED, by the Orange County Board of Commissioners that
the Board requests:
1. that the General Assembly adopt legislation in the 1997
session to revise the County's occupancy tax to apply to
University facilities in Orange County on the same basis as the
occupancy tax applies to private accommodations for transient
occupancy;
2. that this legislation be prepared so as not to create a tax
liability for the University under the federal tax codes; and
3. that the bill be prepared in consultation with University
representatives in order to ensure that the latter objective is
achieved, as well as in consultation with the Town of Chapel Hill
and Orange County.
Upon motion of Commissioner Brown seconded by
Commissioner Halkiotis , the foregoing resolution was
adopted this the 18th day of March, 1997.
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 18, 1997 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No. 28 of the minutes of said
Board.
of
WJa%SS my hand and the seal of said County, this 18th
1997. 11--101 _
Clerk to thg7Board of Co=Zssioners
lsg -8
971eg2.res
day
COUNTY OF ORANGE
ALCOHOLIC BEVERAGE CONTROL BOARD 26
122 HIGHWAY 70 EAST
HILLSBOROUGH, NORTH CAROLINA 27278
919 -732 -3432
a Members FAX: 919- 732 -5829
DAVID CALDWELL PAUL R. WILLIAMS. Char
JAN PINNEY BILL THORPE. Vice Chas
HATTIE VANHOOK HOWARD PEARSON. Gen. Mqr.
April 10, 1996
Mr. Moses Carey, Chairman
Orange County Commission
109 Court Street
Hillsbourough, N. C. 27278
Dear Mr. Carey:
On April 3, I received the enclosed propcsal from Joe wall,
Executive Director of N. C. Association of ABC Boards. The
proposal is an initiative by the Wayne County ABC Board for
passage of legislation to restructure the state excise taxes as
it is related to beer, wine and spirituous liquor. The material
is self explanatory so I won't repeat what it has to say. To sum
up the redistribution proposal, the local ABC Boards feel that
the surcharge we pay to the State Commission ($.60 per case)
which Provides for their annual operating budget should be shared
by the beer and wine industries. Currently, the surcharge paid
by local Boards provides for 100% funding of the State ABC
Commission. Eighty five percent of the work load performed by
the State Commission is related to regulating the beer and wine
industries; for this they contribute nothing.
As stated in the proposal, the local Boards were asked to seek
the support of County Commissioners and local legislators. This
proposal was discussed at the Orange County ABC Board meeting
held April 9, 1996. The ABC Board unanimously ageed to draft a
letter to the N. C. Association of ABC Boards stating our support
for this effort.
However, due to the time contraints mentioned in the proposal and
the fact that 'ft is the short session of the upcoming legislature,
we have chosen to mail this material to you and ask for your
support. Perhaps, if the County Commission is so inclined, a
letter from the Commission to the N. C. Association of ABC Boards
and the local legislators could be effective.
If you have any questions, please feel free to contact me.
Sincerely,
Howard Pearson, General Manager
1
7 e
27
NORTH CAROLINA ASSOCIATION OF ABC BOARDS
Post Ofrfca Box 2021
Raleigh, N. C. 27602
(9191837-4463
To: Local County and Municipal ABC Boards
From: Joe Wall, Executive Director, N.C. Association of ABC Boards
Date: April 1, 1996
Re: Alcohol Excise Tax Redistribution Proposal
At the Association's Winter Meeting in Pinehurst last month, the enclosed proposal was
presented by he Wayne County ABC Board -to the Association's Board of Directors. The
proposal calls for the passage of legislation to redistribute the 283 alcohol excise tax in a
manner that would provide additional revenue to the local ABC boards. The proposal also calls
for malting up the lost revenue to the State by increasing the tax on beer and wine.
The Board of Directors directed that the proposal be mailed to the local ABC boards for
their review and comment. Please let me have your comments as soon as possible.
• t
28
POINTS OF INTEREST
BAILAEUT (85� pen case) :
Pays cowtnae,to t4 bon s.tvu, g and deli.vet.ing Zi quor..to ZocaZ
ABC Boandb.
BAILUENi SURCHARGE (W pen case):
Pays bar. the annuaZ openati.ng budget o6 the State ABC CommZ4.6 .on.
EXCISE TAX ($1.11):
Loca.0 ABC Board pay,& on a $8.50 bottte o6 Zi.quon.
BEER 9 WINE PERMITS:
18;
Arse .issued bon Zi6e and are not rcequiAed to be renewed every
years, as ABC perm tb are. ( Brown- gagging, Speecat Occ— u.6ion, Axed
Beverage) .
Retained 6nom the 28% Exe,i,6 e Tax , would be Ltans 6 erred in the
pnev.tous 60nmuZa into the ZocaZ board mark -up a -ong with the $25,000-00
that Z6 >tetained 6•tom the State ABC Comm.iz4ion Budget. The p/Li ce on
a bo.ttte o6 Zi.quon would not change.
NO STATE EXCISE 114CREASE ON BEER 9 WINE SINCE 1969.
Loca.L ABC Boards have eompZetet j 6un.ded the State CormiAzi.on ( 1. 8 m ann --'.)
Budge&h nee 1982. WhZte 85$ 06 the State Comm.i.6s.L*on's wo,,L Coad iA .vi z z
areas o6 been and wine.
The purpose bon the es.tabti,shmen,t 06 the Zoeat option ABC System
in 1.935 was to pnov.ide a Bounce o6 revenue boa ZocaZ gove'% meet.
STATUES OF INTcREST
18B -208 ABC Comai44. on Bond6 and Funds
A. Specia,Z Fund - AZZ mor.i.e6 deni.ved Jtcm .the coZtecti.on o6
BaiZment Sunehan.gea and Bai,Cment sha,ZZ be depo4ited in tike
ABC Comm.Zzzion Fund.
B. ABC Ccmmias.i.on Budget 1994 -1995
1, 807, 174.00 Ce tZ6ied
1, 913, 035.00 Au.thotized
105 -113 -80 ExciAa Taxed on be A, wine and ti.quon
105-113-82 D.cdtni.buti.on o6 pant of Been. and U ne Taxed
18B -805 D.idtnibutfon of Revenue
A. WvLk in.g capita,Z.
NORTH CAROLINA ABC COMMISSION RULES
704:02'R.0902 ga.intenanee of woAk ng eap.c ta.Z
A/ Wo tk ing cap.i.ta,Z
..
29
30
SUGGESTED PRESENTATION
FOR 28% EXCISE TAX
REDISTRIBUTION PROPOSAL
STEP 1: Call a special Meeting with local ABC Board Members
A. Use attached briefing on the "Alcohol Excise Tax" to explain this
proposal.
B. Emphasize: state & local governments, as well as the individual ABC
Boards will benefit through increased revenues.
C. Seek commitment from the local ABC Board to support this
proposal.
D. Send a short response to the Executive Director of the North Carolina
Association of ABC Boards stating your views on this proposal.
E. If you concur with this proposal, it is imperative to gain the support of your
local legislators. As soon as possible, you should discuss this proposal with
your County Commissioners and City Managers.
STEP 2: Call a Special Meeting with the County Commissioners, local legislators,
and City Managers
A. Use attached briefing on the "Alcohol Excise Tax" to explain this
proposal.
B. Emphasize: state & local governments, as well as the individual ABC
Boards will benefit through increased revenues.
C. Seek commitment from the County Commissioners, City Managers and local
legislators to support this proposal.
D. Request the local legislators provide a letter to your local ABC Board stating
their support and/or recommendations regarding this proposal.
STEP 3: It is our desire to present this proposal to the May 13, 1996 meeting of the
State Legislature. Therefore it is criticial we receive your letters as soon as possible,
but not later than April 15, 1996.
31
ALCOHOL EXCISE
TAX
A REDISTRIBUTION PROPOSAL
GOOD MORNING, I WOULD LIKE TO TAKE A FEW MINUTES TO
DISCUSS A PROPOSAL THAT HAS BEEN RECOM1, ENDED BY THE
WAYNB COUNTY ABC BOARD.
THEY BELIEVE THIS PROPOSAL HAS GREAT MERIT AND WILL BENEFIT
NOT ONLY ALL LOCAL ABC BOARDS, BUT ALSO THE STATE &
COUNTY. I AGREE!
I'D LIKE TO TAKE A FEW MOMENTS TO EXPLAIN.
IF YOU HAVE QUESTIONS, PLEASE ASK THEM AT ANY TIIviE
THROUGHOUT THE PRESENTATION.
NEXT SLIDE.
BRIEFING OVERVIEW 32
► HISTORICAL BACKGROUND
►
CURRENT SITUATION
► PROPOSED LEGISLATIVE
CHANGE
► SAY
FIRST, WELL QUICKLY REVIEW TIDE HISTORICAL BACKGROUND, SO
WE ALL UNDERSTAND HOW WE GOT TO WHERE WE ARE.
SECOND, ILL SHOW YOU THE CURRENT SITUATION, IN TERMS OF
SALES AND REVENUES FOR TWO CATEGORIES OF ALCOHOL - LIQUOR
AND BEER & WINE.
THEN, WELL DISCUSS A BETTER WAY TO TAX BOTH CATEGORIES
AND:
FINALLY, m SUMMARIZE AND TRY TO ANSWER ANY QUESTIONS
YOU MAY HAVE.
NEXT SLIDE
HISTORICAL 33
PERSPECTIVE
►
1939 - Origination of Excise Tax
Philosophy
Amount
► 1975 - Limiting Proviso Deleted
►
1982 - Bailment Surcharge
Purpose
Amount
TI-M PURPOSE FOR THE ESTABLISHMENT OF THE LOCAL OPTION ABC SYSTEM Lit
1935 WAS TO PROVIDE A SOURCE OF REVENUE FOR LOCAL GOVERNMENT.
1939: FIRST EXCISE TAX PLACED ON LIQUOR. 8.5% - WITH A PROVISO THAT THE
STATE WOULD TAKE NO MORE THAN 12 OF THE NET PROFITS GENERATED BY
ABC STORES.
1975: THE STATE CONSOLIDATED VARIOUS TAXES INTO AN-EXCISE TAX OF
22.5 %. AT THIS POINT, THE LIIv=G PROVISO WAS DELETED.
1978: LIQUOR-ELY-THE-DRINK SURCHARGE OF S10/GALLON. DISTRIBUTION WAS
$9.00 TO LOCAL GOVERNNMNTS AND $1.00 TO THE STATE.
1982: BAILMENT SURCHARGE OF 50.66 /CASE ADDED TO FINANCE THE BUILDING
OF THE LIQUOR WAREHOUSE AND THE STATE ABC COMMISSIONS OFFICES, AND
TO FUND THE STATE ABC COMMISSIONS OPERATING BUDGET.
1983: BAILMENT SURCHARGE INCREASED BY 51.04 /CASE TO FUND THE BUDGET
OF THE ALCOHOL LAW ENFORCEMENT DIVISION OF THE DEPT OF CRIME
CONTROL AND PUBLIC SAFE'T'Y.
1987: STATE EXCISE TAX INCREASED FROM 215% TO 28%
BAILMENT SURCHARGE DECREASED S 1.07 /CASE. ALE BUDGET
TRANSFERRED TO GENERAL FUND. BAILMENT SURCHARGE TO $0.66,
PER CASE.
1995 -THE SITUATION
TODAY
► LIQUOR - STATUS REPORT
• AL SALES $358 MILLION
• STATE REVENUE - $73 MILLION
► BEER & WTNE - STATUS
REPORT
• AL SALES - $1.25 BILLION
• STATE REVENUE - $78 MILLION
TO SIMPLIFY THE DATA:
WHILE LIQUOR IS TAXED AT 28 %,
BEER IS TAXED ONLY AT $0.045/BOTTLE OR 5.7% (AT APPROX
$0.79/BOTTLE) AND
WINE IS TAXED AT $02I/LITER OR 2.3% (BASED ON AN AVG
RETAIL PRICE
OF $9.00/L=)
PROPOSED °°
REDISTRIBUTION
► LIQUOR - DECREASE EXCISE
TAX
► & BEER - INCREASE.
EXCISE TAX
► ANNUAL ALCOHOL PERMIT
AS YOU CAN SEE, THERE ARE THREE RECOMMENDATIONS. THE NEXT
CIi,kRT WILL EXPLA N THE DETAILS OF THE PROPOSAL.
..
SUGGESTED EXCISt_ , AX REDISTRIBUTION
(1) Slate Excise Tax "Now" times 1%
(2) Slate Excise Tax "Proposed" times 1%
(3) Bailment Surcharge retained
(4) Current Profit from sales
(5) Projected Profit with reduced Excise Taxes
(6) Projected return of Excise Tax from increase in Beer Tax
w
o
(7) Projected return of Excise Tax from increase in Wine Tax
23.75% is distributed back to localities " 62% unforlified & 22% fortified collections distributed back to localities Revised 3/18/96
State
Wayne County
Increase
Increase
Now
Proposed
Decrease
Now
Proposed
Decrease
Reduce Liquor Excise Tax
28% 71,000,000 10%
25,357,143
- 45,642,857
710,000 (1)
253,571
(2)
-456,429
1,800,000
0
- 1,800,000
0
25,000
(3)
25,000
Eliminate Bailment Surcharge
0
250,000 (4)
706,429
(5)
456,429
Profit on Liquor
0
6¢ Excise on Beer Can /Bottle
0
94,000,000
94,000,000 "
0
203,162
(6)
203,162
General Fund
0
2,000,000
2,000,000
ABC Commission Budget
96,000,000
96,000,000
0
2,617,246
2,617,246 "
0
27,458
(7)
27,450
6¢ Excise on Wine Bottle
Fees From Renewable Permits
2,325,725
5,247,500
2,921,775
75,125,725
129,221,889
54,096,164
960,000
1,215,620
255,620
(1) Slate Excise Tax "Now" times 1%
(2) Slate Excise Tax "Proposed" times 1%
(3) Bailment Surcharge retained
(4) Current Profit from sales
(5) Projected Profit with reduced Excise Taxes
(6) Projected return of Excise Tax from increase in Beer Tax
w
o
(7) Projected return of Excise Tax from increase in Wine Tax
23.75% is distributed back to localities " 62% unforlified & 22% fortified collections distributed back to localities Revised 3/18/96
37
SUMMARY
► MORE EQUITABLE
ABC BOARDS BENEFIT
► INCREASED STATE /COUNTY
REVENUES
MORE EQUITABLE: NO STATE EXCISE TAX LCREASE ON BEER & WINE SINCE
1969.
AS LAST TWO SLIDES DEMONSTRATE, GROSS DISPARITY
IN TAX RATE CURRENTLY EXISTS.
SINCE 1982 LOCAL ABC BOARDS HAVE COMPLETELY
FUNDED THE STATE ABC COMMISSION ($1.8M ANNUAL)
WHILE 85% OF STATE COMMISSIONS WORKLOAD IS IN THE
AREAS OF BEER AND WINE.
LOCAL ABC BOARDS BENEFIT: 50% DECREASE IN EXCISE TAX WILL BE USED TO
FUND MUCH NEEDED STORE CONSTRUCTION, EQUIPMENT REPLACEMENT, AND
OTHER CAPITAL RAPROVEMENTS. EXCESS DOLLARS WILL GO TO COUNTY
DISTRIBUTION ON A SEMI- ANNUAL BASIS.
LVCREASE STATE & COUNTY REVENUES: UNDER THIS PROPOSAL, STATE
REVENUES WILL INCREASE > 61% WHILE THE COUNTIES WILL REALIZE AN
INCREASE OF > 27 %.
THIS IS CLEARLY A WIN - WIN PROPOSAL FOR THE STATE AND LOCAL
GOVERNMENTS. HOWEVER, IT IS OBVIOUS THAT THE COST WILL BE BORN BY
THE BEER AND VINE INDUSTRY. THERE IS NO DOUBT THEY WILL GENERATE
CONSIDERABLE ENERGY TO STOP ANY LEGISLATION OF THIS NATURE. I BELIEVE
WE HAVE DEMONSTRATED A FAIR AND EQUITABLE SOLUTION TO A DIFFICULT
SITUATION. I HOPE WE CAN COUNT ON YOUR SUPPORT. SUBJECT TO YOUR
QUESTIONS, THIS CONCLUDES MY PRESENTATION. THANK YOU.
38
CONSERVATION TRUST ( FOR NORTH CAROLINA
March 12, 1997
Mr. William L. Crowther
Chairman, Board of County Commissioners
orange County
PO Box 8181
Hillsborough, NC 27278 -8181
Dear Mr. Crowther:
we request support by the orange County Commissioners for proposed state
legislation co- sponsored by your district's senator Ellie Kinnaird, which will
increase the financial incentives for private landowners who donate land or
interest in land for public - interest conservation purposes. As the attached
"fact sheet" explains this amendment will increase the state income tax credit
for land and conservation easement donations from the current $25,000 cap to
$100,000 for individuals and $250,000 for corporations. Orange County's open
space protection initiatives will benefit from the increased state income tax
incentive and inducement for gifts of conservation and recreational lands.
The companion bills introduced in both the State senate and House will
(1) increase the state income tax credits as an incentive for donating
conservation lands and easements (as recommended by the NC Coastal Futures
Commission, the NC Year of the Mountains commission, and the NC General
Assembly's Environmental Review commission in the 1996 and 1997 sessions); and
(2) would establish a small grant -in -aid program within the NC Department of
Environment, Health, and Natural Resources to qualified private land
conservation organizations to defray costs of arranging and receiving donated
lands /easements and to help establish a network of protected riparian buffers,
greenways and natural areas.
The bills have wide bipartisan support and no indication of opposition.
Representatives of the NC Association of county Commissions have indicated
their support. The bills have not yet been scheduled for committee hearings.
we believe that passage of these bills will be a major advantage for
local governments and land conservation organizations across the state, in
promoting and encouraging nonregulatory means to protect important natural
areas, riparian corridors, greenways, local parks and recreational areas, and
other conservation lands. This legislation will be a most helpful supplement
to the state's new Clean water Management Trust Fund, Parks and Recreation
Trust Fund, and Natural Heritage Trust Fund by promoting more donations of
land and helping,with conservation education, planning, and costs of arranging
gifts of land.
we ask for your county Commission's support for this proposal and ask
that you express that endorsement to your state General Assembly delegation.
Please call me if you want more explanation.
sincerely,
IL
Ja
Charles Roe,
CTNC Executive Director
cc: Marvin Collins, Planning Director
enclosures
POST OFFICE BOX 33333 - RALEIGH, NC 27636 -3333 - PHONE 919-828 -4199 - R-CX 919 -828 -4508 - EMML anc @mindspring.com
39
EXPLANATION OF CONSERVATION TAX CREDIT LEGISLATION
N.C. GENERAL ASSEMBLY, 1987 SESSION
SENATE BILLS 176 (structure) and 175 (appropriation)
lead sponsors Sen. E. Sinnaird and H. Horton
HOUSE BILLS 260 (structure) and 241 (appropriation)
lead sponsors Rep. L. Gray and F. Mitchell
PURPOSE: To increase the state income tax credit awarded to private property owners who
voluntarily donate land or easements for conservation purposes. Current state law provides a
maximum of $25,000 in income tax credits for each land conservation gift made to public agencies or
qualified not - for - profit, private conservation organizations. (The credit is based dollar- for -dollar up to
25% of the appraised value of land gift, but no more than $25,000 per gift. Any unused portion of the
credit can be carried over by the taxpayer for five succeeding years.) The bfil (SB 176 and HB 260)
will increase the maximum credit to $100,000 for individual donors and $250,000 for corporate donors.
The appropriation bill (SB 175 and HB 241) provides funds to the NC Department of Environment,
Health and Natural Resources to: (a) cover program information and administrative costs to review
and certify donated properties as qualified for the required public benefits for park, public recreation,
and other land conservation purposes; and (b) establish a grant -in -aid program ($300,000 annually) to
cover expenses of qualified, private conservation organizations incurred in arranging land and easement
donations and managing or monitoring those properties.
LEGISLATIVE ORIGINS: This legislation has been recommended by the Governor's Coastal
Futures Commission and the Year of the Mountains Commission. It was recommended in the
Governor's Coastal Agenda It is recommended by the joint House - Senate Environmental Review
Commission. It is supported by the NC Department of Environment, Health, and Natural Resources.
It is supported by North Carolina business and industry, by local government associations, and by
environmental organizations.
PROGRAM HISTORY: The state income tax credit for land conservation was first enacted in 1983
(with a $5,000 maximum credit). The cap was raised to $25,000 by the General Assembly in 1989. In
the period from 1983 -88 ($5,000 cap) 37 land donations (average of 6 gifts per year) qualified for tax
credits (total of 2,383 acres valued at $5,642,000); and from 1989 -95 ($25,000 cap) 95 land donations
(average of 13.6 each year) qualified for tax credits (a total of 23,714 acres valued at $34,264,000).
(Note that the maximum tax credit allowed is 25% of the value of the property donated, and,
therefore, the current credit related revenue reduction is less than $300,000 per year for conservation
lands annually donated for public benefit valued at $1,210,000. By DEHNR calculations, the tax credit
program has delivered a 13:1 value to the public, with $13 in donated land values for every $1 of
income tax credits.) The NC DEHNR has no funded staff positions to fulfill its obligations to review
and approve applications for the tax credit, or to promote and explain the program.
RATIONALE FOR THE CREDIT INCREASE: State and local public agencies and a statewide
network of private, non - profit land conservation organizations are responding to the rapid destruction
of North Carolina's natural areas and rural landscapes with programs designed to encourage voluntary
conservation by private landowners. We need alternatives to relying on land use regulations or public
purchases at full market value of all lands important for protection of river natural corridors, natural
wildlife habitats, parks and greenways, beach access, scenic and open space landscapes, and farmlands
in urban areas. New state programs have established funds to acquire and protect important
environmental lands, such as the Clean Water Management Trust Fund, the Natural Heritage Trust
Fund, the Parks and Recreation Trust Fund, and Wetlands Restoration Fund. Those public funds can
go further when landowners are willing to sell for less than the full property value (Le., partially
40
donated). Increased tax - reducing incentives can be attractive to many private landowners and a cost -
effective way to encourage protection of natural resource areas with great public benefits.
Owners of large land areas or properties highly appreciated in value often prefer to donate all or part
of their lands for conservation purposes, as part of family estate planning, to escape high capital gains
taxes, or to preserve lands cherished by their families. Conservation donors are entitled to federal
income tax deductions. North Carolina can encourage more voluntary donations by increasing the state
income tax incentives.
The relatively low cap on the current tax credit is not attractive to major landowners. The forty
largest private landowners in North Carolina hold approximately 3.25 million acres, but virtually none
have yet donated property for conservation purposes. Higher tax credits may encourage them to
donate more and higher -value conservation lands or easements.
CONSERVATION EASEMENT'S, alternatives to public acquisition: Conservation easements,
which are permanent restrictive covenants attached to property deeds and prohibit certain kinds of
development, have proven to be advantageous alternatives to acquiring full-title to properties for public
lands. Conservation easements allow environmentally sensitive lands to remain in private ownership
and continue to pay local property taxes based on "current use" (not -speculative development) value
assessment. Because easements have little impact on the local tax base, they are more desirable for
local governments. Conservation easements are attractive to many private landowners and are being
increasingly used in many parts of North Carolina to protect natural and scenic areas, scenic roadways
like along the Blue Ridge Parkway, or along rivers and streams. In many cases, the tax reductions
gained by private landowners who donate conservation easements allow families to avoid unwanted
development pressures and keep cherished land in private family ownership.
PRIVATE LAND TRUSTS, alternative to government land purchases: National conservation
organizations, like The Nature Conservancy, have been active in acquiring exceptional natural areas in
North Carolina's mountains and coastal regions. The recent establishment of a statewide network of
nearly twenty private land conservancies (known as "land trusts") operating at the local and regional
level, provide the means for protecting lands of greatest interest and concern to local communities.
Many landowners prefer to arrange their conservation management agreements with private land
trusts, and with special -focus groups like the NC Wildlife Habitat Trust, Ducks Unlimited, and Trout
Unlimited local chapters. Local land trusts are placing emphasis on protecting land areas using
conservation easements, as a more cost - effective and often more popular alternative to land purchases.
Although most local land trusts in North Carolina are only a few years old, they have already protected
more than 42,000 acres of land with conservation easements. Private land trusts are entirely
supported financially by donations from the general public and private foundations. We expect that the
local land trusts will take a primary role in protecting lands along the rivers and wetlands of the state.
But each easement and land gift has a substantial cost to a land trust in terms of staff and volunteer
time, legal and survey-work, resource inventories, appraisals, insurance, and long-term management
costs. The expenses for receiving and monitoring donated land or easements are seldom less than
$5,000 -5,000 per tract, and often more.
WHY ENACT THIS LEGISLATION? The increased state income tax incentives for gifts of land
and easements for conservation purposes is a cost - effective and popular means to encourage voluntary
and non - regulatory protection of North Carolina's most significant environmental resources. The
actual value and public benefits of donated conservation lands far exceeds the cost to the general tax
revenues of the state. The. increased income tax credits and the modest appropriation for grants -in -aid
to private land conservation organizations will multiply the donations of conservation easements and
land. This legislation promotes private initiatives and public/private partnerships for land conservation.
Enactment will provide a vital step toward encouraging more voluntary protection of North Carolina's
natural heritage and environmental resources.
LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27276
919 - 732 -2196
FAX 919 - 732.7997 May 18, 1998
VIA FACSIMILE AND U.S. MAIL
Representative Joe Hackney
Representative Verla C. Insko
Senator Eleanor Kinnaird
Senator Howard Lee
State Legislative Building
Raleigh, North Carolina 27611
RE: Legislative Matters
Dear Representatives and Senators:
41
FROM THE DESK OF
GEOFFREY E. GLEDHILL
Enclosed is a package of legislative issues of interest to
the Orange County Board of Commissioners. As is their custom and
at your request, the Board of Commissioners held a public hearing
on these legislative matters on May 6, 1998, after due
advertisement. Further, they discussed legislative items during
several meetings prior to May 6, 1998. No one spoke in
opposition to any of the matters included in the resolution and
the Board of County Commissioners voted unanimously to ask your
support for these legislative matters. So far as can be
determined from the local response to the proposed local acts,
none are controversial.
As you can see, most of the matters of interest are pending
or otherwise are under consideration presently by the General
Assembly. Most also have the support of the North Carolina
Association of County Commissioners. As to the local acts
requested, the first would enable Orange County and its school
boards to construct certain school buildings using the
alternative delivery system described in the bill. I am informed
this system is working well in Johnston County and has saved a
considerable amount of public money.
The second local act would add Orange County to the growing
list of counties in North Carolina that have the ability to
participate in the acquisition of land in Orange County by cities
and towns located outside of Orange County. Orange County's
consent would be required for any such acquisition.
The third local act would add Orange County to Senate Bill
594 (presently Cabbarus, Cumberland, Franklin and Johnston
42
Representative Joe Hackney
Representative Verla C. Insko
Senator Eleanor Kinnaird
Senator Howard Lee
Page 2
May 18, 1998
Counties are included in the coverage of S.B. 594) which will
authorize the conduct of a local referendum on a 1% local option
sales tax, the proceeds of which would be used for school capital
and which tax, if passed by a referendum, would exempt food.
The last local act requested would expressly authorize
Orange County to regulate the emission of pollutants or
contaminates in the same manner and to the same degree as cities.
Increasingly, development in Orange County begins by the clearing
of forest land, the remnants of which are frequently bulldozed
into piles and then burned. Orange County would like the express
power to regulate the burning portion of this activity.
Thank you for your help with these legislative matters. I
offer any help I can provide in the legislative process. Please
call me if I can help.
Very truly yours,
COLEMAI�Y✓ GLEDHILL & HARGRAVE, P.C.
rey E/. Gle
GEG /lsg
Enclosure
xc: Margaret W. Bro n, Chair
Bill Crowther
Moses Carey, Jr.
Alice Gordon
Stephen Halkiotis
Orange County Board of Commissioners
John M. Link, Jr.
C. Ronald Aycock, Esquire,
Executive Director, NCACC
lsg -13
ocleg.ltr
43
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 the
following legislative matters:
1. House Bill 271. This bill would provide for the
reimbursement to public school administrative units of sales tax
paid by those units in the same manner and for the same purposes
as the law provides for North Carolina counties and cities.
House Bill 271 was approved by the House of Representatives in
the 1997 regular legislative session but has not been approved by
the Senate.
2. The passage of a bill calling for the study of the
- practical and fiscal impacts on public school administrative
A-units of Chapter 1997 -379 of the Session Laws (House Bill 448),
which Act requires county public school administrative units to
impound vehicles confiscated from repeat DWI offenders.
3. The passage of a bill calling for the study of
-tA' additional property tax discounts for the elderly to be
1� undertaken, however, only in the context of a study of property
tax exemptions generally and their impact on the property tax
S base.
4. The passage of Statewide legislation which would
require the North Carolina Pesticide Board to adopt regulations
requiring notice of proposed applications of pesticides in a
manner reasonably calculated to give notice to persons using the
44
property to be treated with pesticides and in a manner reasonably
calculated to give notice to landowners adjoining the property to
be treated with pesticides.
BE IT FURTHER RESOLVED that the Board of Commissioners of
Orange County supports:
1. The North Carolina Association of County Commissioners
in its support of the passage of a Statewide local option 1%
sales tax, (which would exempt sales of food), the proceeds of
CK
which would be shared by counties and municipalities, be used
only for capital projects, be distributed on the basis of point
of sale, be levied only upon a local referendum which approves
the levy of the tax.
2. The North Carolina Association of County Commissioners
in its support of Statewide legislation to increase the
facilities fee and the offices fee under N.C. Gen. Stat. §H 7A-
304, 305 to help offset the cost to counties of providing court
rooms, judicial offices, facilities for the clerks of court,
additional court bailiffs, court facility security systems and
providing for probation officers in or near other court
facilities, the need for which has risen dramatically and will
continue to rise dramatically.
3. The North Carolina Association of County Commissioners
)in its support of Statewide legislation to increase to $25,000
both the exclusion and the income threshold to the property tax
Homestead Exemption; provided that the State reimburses local
t governments 100% of the $8 million Statewide loss to local
governments as the result of the increase in the Homestead
�I
45
Exemption or that the State reimburses local governments for half
of all revenues lost to local governments because of the
Homestead Exemption.
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 introduce and
support the following legislative matters:
1. AN ACT TO ASSIST ORANGE COUNTY, THE ORANGE COUNTY BOARD
OF EDUCATION AND THE CHAPEL HILL - CARRBORO BOARD OF EDUCATION WITH
,AW9�' THE EXPEDITING OF PUBLIC SCHOOL FACILITIES (Exhibit A to this
''1r Resolution) .
2. AN ACT REQUIRING THE CONSENT OF CERTAIN COUNTIES BEFORE
LAND IN THOSE COUNTIES MAY BE CONDEMNED OR ACQUIRED BY A UNIT OF
O(L LOCAL GOVERNMENT OUTSIDE THE COUNTY (Exhibit B to this
Resolution).
3. AN ACT TO AUTHORIZE CERTAIN COUNTIES TO LEVY ONE -CENT
2 LOCAL SALES AND USE TAXES FOR PUBLIC SCHOOL BUILDINGS Exhibit C
to this Resolution).
4. AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE § 153A-
445 (MISCELLANEOUS POWERS FOUND IN CHAPTER 160A) TO AUTHORIZE
ORANGE COUNTY 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 D to this Resolution).
Upon motion of Commissioner
Halkiotis
, seconded by
Commissioner Carey , the foregoing resolution was
adopted this the 6th day of May , 1998.
46
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 a 1998 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.
WITNESS my hand and the seal of said County, this day
of 1998.
Clerk to t e Board of Commissioners
lsg -12
leg.res
Exhibit A 47
AN ACT TO ASSIST ORANGE COUNTY, THE ORANGE COUNTY
BOARD OF EDUCATION AND THE CHAPEL HILL -
CARRBORO BOARD OF EDUCATION WITH THE EXPEDITING
OF PUBLIC SCHOOL FACILITIES
WHEREAS, Orange County is faced with the critical need for
school facilities created by a dramatic growth in student
population; and
WHEREAS, the Orange County Board of Commissioners, the
Chapel Hill - Carrboro Board of Education and the Orange County
Board of Education have jointly approved and funded a Capital
Improvements Plan - 1997 -2007 which includes plans for the
construction of school facilities to meet the dramatic growth in
student population in Orange County; and
WHEREAS, the Orange County Board of Education has
implemented a model facilities plan using the Unitary System
Approach (USA) to design school facilities that are educationally
effective and economically efficient; and
WHEREAS, the Chapel Hill - Carrboro Board of Education will
consider using the Unitary System Approach to design school
facilities; and
WHEREAS, the Orange County Board of Education will
competitively bid the USA school design under the separate prime
bid laws of North Carolina and will develop certain cost
parameters based on the USA concept; and
WHEREAS, Orange County, the Chapel Hill - Carrboro Board of
Education and the Orange County Board of Education desire to
explore alternative approaches to expedite the construction of
48
school facilities that could assist in meeting the critical needs
for school facilities; and
WHEREAS, the General Assembly reaffirms its commitment to
enhance public education and to encourage innovation by public
officials in meeting the critical need for school facilities;
Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. Notwithstanding the provisions of Article 8 of
Chapter 143 of the General Statutes, Orange County, the Chapel
Hill - Carrboro Board of Education and the Orange County Board of
Education may select and negotiate with separate prime
contractors to build the Unitary Systems Approach (USA) model
school plan if the unit of government bidding and contracting for
the school construction determines that using the selection and
negotiations processes instead of competitive bidding will
expedite the project, create an effective construction team, and
control costs, quality and schedule.
Section 2. This act shall apply to construction of an
elementary school in central Orange County in the Orange County
School District, a middle school in the Chapel Hill or Carrboro
area in the Chapel Hill - Carrboro School District and a high
school in central Orange County in the Orange County School
District. If a unit of government authorized by this act uses
the USA method for the construction of any of the schools
identified here, that unit of government will report to the
General Assembly the net price per square foot for each
49
project completed using the USA method at the completion of each
project using the USA method.
Section 3. This act is effective when it becomes law and
expires on June 30, 2002.
GENERAL ASSEMBLY OF NORTH CAROLINA 50
1997 SESSION
S.L. 1997 -37
HOUSE BILL 740
AN ACT TO ASSIST THE JOHNSTON COUNTY BOARD OF EDUCATION
WITH THE EXPEDITING OF PUBLIC SCHOOL FACILITIES.
Whereas. Johnston Countv is faced with the critical need for school
facilities created by an unusual growth ,in student population: and
Whereas, the Johnston Countv Boa-3 of Education and the Johnston
County Board of Commissioners have jointly- approved and funded a School
Facilities 2000 building program; and
Whereas, the Johnston County Board of Education, faced %t-ith the critical
need for school facilities, has implemented a model facilities plan using the Unitary
System Approach (USA) to design school facilL :Les that are educationally effective
_and economically efficient; and
Whereas, the Johnston County Board of Education has competitively- bid
the USA school design under the separate prime bid laws of North Carolina and has
developed certain cost parameters based on this I SA concept: and
Whereas, the Johnston County Board of Education desires to explore
alternative approaches to expedite the construction of school facilities that could
assist in meeting the critical need for school facilities; and
Whereas, the General Assembly reaffirms its commitment to enhance
public education and to encourage innovation by public officials in meeting the
critical need for school facilities; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. Notwithstanding the provisions of Article 8 of Chapter 143 of
the General Statutes, the Johnston County Board of Education may select and
negotiate with separate prime contractors to build the Unitary System Approach
(.JS model school plan if the Johnston County Board of Education determines that
using the selection and negotiations processes] instead of competitive bidding will
expe i e the project, create an effective constriction team, and control costs, quality,
and schedule. (1)
Section 2�j This act shall apply to constructioof an elementary school at
McGee's Crossroads,Nn elementary school in Benson;Nnd an elementary /middle
school in West Johnson County. The Johnson County Board of Education shall
report to the General Assembly the net price per square foot for each project at the
completion of each project.
Section 3. T;:is act is effective when it becomes law and expires on June
30, 2000.
In the General Assembly read three times and ratified this the 24th day of
April, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
Exhibit B 51
AN ACT REQUIRING THE CONSENT OF CERTAIN COUNTIES
BEFORE LAND IN THOSE COUNTIES MAY BE CONDEMNED
OR ACQUIRED BY A UNIT OF LOCAL GOVERNMENT
OUTSIDE THE COUNTY
The General Assembly of North Carolina enacts:
Section 1. G.S. 153A -15(c) reads as written:
"(c) This section applies to Alamance, Alleghany, Anson,
Ashe, Bertie, Bladen, Brunswick, Burke, Buncombe, Cabarrus,
Caldwell, Camden, Caswell, Catawba, Cherokee, Clay, Cleveland,
Columbus, Craven, Cumberland, Currituck, Davidson, Davie, Duplin,
Durham, Edgecombe, Fosyth, Franklin, Gaston, Graham, Granville,
Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hoke,
Iredell, Jackson, Johnston, Lee, Lincoln, Macon, Madison, Martin,
McDowell, Mecklenburg, Montgomery, Nash, New Hanover, Onslow,
Orange, Pamlico, Pasquotank, Pender, Perquimans, Person, Pitt,
Polk, Richmond, Robeson, Rockingham, Rowan, Sampson, Scotland,
Stanly, Stokes, Surry, Swain, Transylvania, Union, Vance, Wake,
Warren, Watauga and Wilkes counties only."
Section 2. This act is effective when it becomes law.
iZT,
z+
0 * 0
§ 153A -15. Consent of board of commissioners
necessary in certain counties before
land may be condemned or acquired
by a unit of local government outside
the county.
(a) Notwithstanding the provisions of G.S. 153A -159, Article 11 of
Chapter 160A of the General Statutes, G.S. 130 -130, Chapter 40 of
the General Statutes, or any other general law or local act confer-
ring the power of eminent domain, before final judgment may be
entered in any action of condemnation initiated (or in the case of
Article 11 of Chapter 160A, before a final condemnation resolution is
adopted) by a county, city or town, special district, or other unit of
local government which is located wholly or primarily outside
another county, whereby the condemnor seeks to acquire property
located in the other county, the condemnor shall furnish proof that
the county board of commissioners of the county where the land is
located has consented to the taking.
(b) Notwithstanding the provisions of G.S. 153A -153, Chapter
160A of the General Statutes, Article 12 of Chapter 130 of the
General Statutes, or any other general law or local act conferring
the power to acquire real property, before any county, city or town.
special district, or other unit of local government which is located
wholly or primarily outside another county acquires any real prop-
erty located in the other county by exchange, purchase or lease, it
must have the approval of the county board of commissioners of the
county where the land is located.
(c) This section applies to Alamance, Alleghany, Anson, Ashe,
Bertie. Bladen, Brunswick, Burke, Buncombe, Cabarrus, Caldwell.
Camden. Caswell. Catawba, Cherokee, Clay, Cleveland, Columbus.
Craven, Cumberland, Currituck, Davidson, Davie, Duplin, Durham.
Edgecombe, Forsyth, Franklin, Gaston, Graham, Granville, Greene.
0 0 95
52
3153A -4 COUNTIES § 1 ,53A -15
ARTICLE 1.
Definitions and Statutory Construction.
§ 153A -4. Broad construction.
CASE NOTES
Amendment to county zoning or- was constitutional and lawful on its face.
dinance constituted a valid legisla- County of Lancaster v. -Mecklenburg
tive prerogative to change the sanitary County, 334 N.C. 496, 434 S.E2d 604
landfill use from a "special use permit" (1993).
�, i ..k
category to a "use by right under pre- Cited in Alaready v. City of �Vinston-
•..•� -�-
scribed conditions" category and that Salem, 342 N.C. 708, 461 S.E2d 615
.jt.
section of the counts zoning ordinance, (1996): Three Guys Real Estate v.
county zoning adminis-
which allowed Harnett County, 345 N.C. 468, 480
I :_ =.-;
c`✓
trator to approve the counts permit S.E2d 681 (1997).
application for the siting of a landfill,
±' )
ARTICLE 2.
Corporate Powers.
iZT,
z+
0 * 0
§ 153A -15. Consent of board of commissioners
necessary in certain counties before
land may be condemned or acquired
by a unit of local government outside
the county.
(a) Notwithstanding the provisions of G.S. 153A -159, Article 11 of
Chapter 160A of the General Statutes, G.S. 130 -130, Chapter 40 of
the General Statutes, or any other general law or local act confer-
ring the power of eminent domain, before final judgment may be
entered in any action of condemnation initiated (or in the case of
Article 11 of Chapter 160A, before a final condemnation resolution is
adopted) by a county, city or town, special district, or other unit of
local government which is located wholly or primarily outside
another county, whereby the condemnor seeks to acquire property
located in the other county, the condemnor shall furnish proof that
the county board of commissioners of the county where the land is
located has consented to the taking.
(b) Notwithstanding the provisions of G.S. 153A -153, Chapter
160A of the General Statutes, Article 12 of Chapter 130 of the
General Statutes, or any other general law or local act conferring
the power to acquire real property, before any county, city or town.
special district, or other unit of local government which is located
wholly or primarily outside another county acquires any real prop-
erty located in the other county by exchange, purchase or lease, it
must have the approval of the county board of commissioners of the
county where the land is located.
(c) This section applies to Alamance, Alleghany, Anson, Ashe,
Bertie. Bladen, Brunswick, Burke, Buncombe, Cabarrus, Caldwell.
Camden. Caswell. Catawba, Cherokee, Clay, Cleveland, Columbus.
Craven, Cumberland, Currituck, Davidson, Davie, Duplin, Durham.
Edgecombe, Forsyth, Franklin, Gaston, Graham, Granville, Greene.
0 0 95
153A -1S 199, CUMULATI -E SUPPLEMENT §153A -1S
Guilford, Halifax, Harnett, Haywood, Henderson, Hoke, Iredell,
j Jackson. Johnston, Lee, Lincoln, Macon, Madison, Martin,
McDowell, Mecklenburg, IVIontQomery, Nash, New Hanover. Onslow,
Pamlico, Pasquotank, Pender, Perquimans, Person. Pitt. Polk, Rich -
mond, Robeson. Rockingham, Rowan, Sampson, Scotland, Stanly,
Stokes, Surrv, Swain, Transylvania, Union, Vance, Wake, Warren,
Watauga, NVilkes, and Yancey counties only. This section does not
'j apply as to any:
(1) Condemnation; or
(2) Acquisition of real property or an interest in real property
by a city where the property to be condemned or acquired is within
:3 the corporate limits of that city. (1981, c. 134, ss. 1, 2; c. 270, ss. 1,
2; c. 283, ss. 1 -3; c. 439, s. 1; c. 941, s. 1; 1981 (Reg. Sess., 1982), c.
i 1130, s. 1; 1989 (Reg. Sess., 1990), c. 973, s. 1; c. 1061, s. 1; 1991, c.
615. s. 3; 1991 (Reg. Sess., 1992), c. 790, s. 1; 1993 (Reg. Sess., 1994),
c. 624, s. 1; c. 628, s. 1; 1995 (Reg. Sess., 1996), c. 681, s. 1; 1991 -164,
S. 1; 1997 -263, s. 1.)
Local Modification. - Kannapolis:
1997 -295.
For additional local modifications to
section. see the main volume.
Effect of Amendments. - The 1995
Re_. Seas.. 1996! amendment. effective
June 21, 1996. inserted Adleehany ",
�:;rry ", and - Vatauga" into the list of
counties in subsection 1c).
'-,,::ion Laws 1997 -164, s. 1, effective
June 9, 1997, substituted 'Wilkes, and
Yancey" for `and Wilkes' in the list of
counties in subsection icy.
Session Laws 1997-263. s. 1, effective
July 2, 1997. added Alamance, Cabarrus,
Camden, Cherokee. Clay, Craven,
Currituck, Edgecombe, Greene,
Guilford, Halifax, Macon, \ash,
Pamlico, Pasquotank. Perquimans, Pitt,
Polk, Richmond, and Stanly to the list of
counties in subsection i6.
ARTICLE 3.
Boundaries.
§ 153A -18. Uncertain or. disputed boundary.
(a) If two or more counties are uncertain as to the exact location
of the boundary between them, they may cause the boundary to be
surveyed, marled, and mapped. The counties may appoint special
commissioners to supervise the surveying, marking, and mapping. a
commissioner so appointed or a person surveying or marking the
boundary- may enter upon private property to view and survey the
boundary or to erect boundary markers. Upon ratification of the
survey by the board of commissioners of each county, a map showing
the sun-eyed boundary shall be recorded in the office of the register
of deeds of each county in the manner provided by law for the
recordation of maps or plats and in the Secretary of State's office.
The map shall contain a reference to the date of each resolution of
ratification and to the page in the minutes of each board of
commissioners where the resolution may be found. Upon recorda-
tion, the map is conclusive as to the location of the boundary.
(b) If two or more counties dispute the exact location of the
boundary between them, and the dispute cannot be resolved pursu-
ant to subsection (a) of this section, any of the counties may apply to
a superior court judge who has jurisdiction pursuant to G.S. 7A47.1
or 7A -48 in any of the districts or sets of districts as defined in G.S.
, A -41.1 in which any of the counties is located for appointment of a
M.
53
R/1-1
E.
i
f
•
C
54
Exhibit C
AN ACT TO AUTHORIZE CERTAIN COUNTIES TO LEVY ONE -CENT
LOCAL SALES AND USE TAXES FOR PUBLIC SCHOOL BUILDINGS
Exhibit C 55
NORTH CAROLINA GENERAL ASSEMBLY
AMENDMENT
Senate Bill 594
AMENDMENT NO.
(to be filled in by
Principal Clerk)
Page 1 of 1
Date ,1998
Comm. Sub. [YES]
Amends Title [NO]
moves to amend the bill on page 1, lines 5 and 6,
by deleting the words "Cabarrus, Cumberland, Franklin and
Johnston" and replacing them with the words "Cabarrus,
Cumberland, Franklin, Johnston and Orange;"
SIGNED
Amendment Sponsor
SIGNED
Committee Chair if Senate Committee Amendment
ADOPTED FAILED TABLED
04,'15/98 11:39 $919 733 1066 \CACC
56
j {( /L ' GE_ NERAL ASSEMBLY OF NORTH -CAROLINA 1
a .C_ sr -• , SESSION 199'i.. • �:. ° "•_ ..�� },-
SENATE BILL 594
Finance Committee Substitute Adopted .826/97
Short Title: Local Sales Tax for Schools, (al)
Sponsors:
Referred to:
:Apra 1,1997' -
1
ABM TO BE ENTr=
2
AN. 'ACT TO'- AUTHORIZE: CERTAIN • COUNTIES TO LEVY ' ONE -CENT
3
LOCAL SALES AND USE TA* XES FOR PU13LIC SCHOOL'BUIM1NGS,1
4
:The General Assembly of Notch :Carolina cnacts:
5
=•: ': Section -1. Tlus -act applies to : Cabarrus, Cumberland, Franklin, and
6
-Johnston -Counties only.
'Statutes
7
_ . : :: Section-2.: . Subchapteri` VIII of Chapter : .105 of the. General ' is
8
amended by adding -a new Article to
9
'Tax
10
"Second One-Cent (161 Local Government Sales and Uji
11
"S IQS -525. Short title:.
12.
This Article is the Second One- ent (10) Local Goverment Sales*** and Use. Tax
13
14
"f 10S -526. ' Limi_tations.
15
This Article I'es only to counties the n -c t 1 sales and use
16
tax under Article 39 of this Chapter or, under Chapter 1096 of the 1967 Session Ljws.
17.
the first one -half cent (120 ) local sales and use tax under Article 40 of this• Chanter,
18
and the second one -half cent (IQ) local sales and use tart under A_rticle 42 of this
19
ChjMter,
20
" L jQ& 27. Levy of tax.
21
The board of commissioners of a county may byres one n re (1%)
22
local sales and use tam -ill addition to Liu -other- then State and cat sales and use taxes
23
levied pursuant to law. Before adQptinQ a resWution =der this section Lbe board of
04/15/98 11:39 $919 733 1065 XCACC
-GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997
Jw
w
V-6" _ 'oners must L4 days' l ce of its intent to adopt the
2 solution 'aiid miist -hold a-iublic`hearing on the ssuc of - adogng the resolution.
3 0 1 5=528: 4 Administra on 'of fazes.
4 ; ]arcept^as provided in' Lhi Article, the adoption, bevy, coIlgction. adminstr,ation.
W:
5 and repeal of the additional taxes autholjZ by this Article shall be in accordance
6 .wi Article 39 of - this Chaflter. In ap�tiviney the provisions - of Article 39 of this
lx QApter to this A tficle: references to is Article' mean `Article 44 of Chapter 145 of
8 tb General t
9 ` `:,`-A 91 Ievied under this Article does not ggply to the sales 2ricl-Qf price-Q food that is not
10 erwise exem tp from W,_ttursuant to - S. 105-164.13 but wo uld be exempt from
11 tiie S to sal s and use tax pursu nt to G.S. 105 - 164.13 if it were nurcbased with
12 • — issued under the Food Stamp Erggram, 7 U"S_ -C. & 51. .
13 "4 105 -329. Expiration,
14 A tax levied under JWs Article expires 10 years after the effective date of its lew
15 A county's authorization to levv a tae under this Article eapir a 10 years after the
16 effective date of the first tax a county levies under this Article 'even if the tax has not
.17.- d i a effect `for the entire 10,-Year period. The a irgon of a tax pursuant to
18.- this Article does not affect the rights or liabilities of a county aa�cyaver or another
19'.yerson arisin "undcr,'the expired tax: nor does It affect the rigjnt to any refund or
:. 20.E credit of' a tax that world otherwise have been available' under ti:r a2ired tae t,PfnrP
22 �" 6.105:530. Dislig Lion and use of taxes.
23 ? ' W- Distribution:: -The Secretary shall, on .a: guu criy basis distribute to each
24 .� g, n_ty the riWvroceeds of the tax collected In that county under this Article
25 'ILthe Secretary collects tires under this Article in'a month and the taxes can—not be
26, .'identified • as" beirc : attri1ii table ; to a paniculai tiid ' county he Secrets shall -
27- allocate •these taxis among •the taxing "counties in proportion to the amount of taxes
28... oUdded in each cQu ,under 'this article in hit month and shall include them in
29 - th,6 quarterly
_30 Use. The proceeds -of a tag levied under. this Ardele inav be used only for
`31•.- public school -`capiL QMtlay RUMMes or to .retire, debt incurred by the county for
32' these purposes' after January 1. 1997
33 Section • 3. A tax levied under Article 44 of . Chapter 145. of the General
34 •.Statutes, as enacted by this act, does not apply to construction materials purchased to
35 ,fulfill a lump sum or unit price contract entered into or awarded before the effective
36. dafe ..of the . levy or • entered : into or awarded pursuant to a bid made before the
37 • effective date of the levy when the construction materials would otherwise be subject
38' to the tax levied ender Article 44 of Chapter 105 of the General Statutes.
39. - Section 4. This act is effective when it becomes law.
rage 1
Senate Bill 594
57
58
Exhibit D
AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE
§ 153A -445 (MISCELLANEOUS POWERS FOUND IN CHAPTER
160A) TO AUTHORIZE ORANGE COUNTY 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
The General Assembly of North Carolina enacts:
Section 1. G.S. 153A- 445(a) reads as rewritten:
"(a) A county may take action under the following
provisions of Chapter 160A:
(1) Chapter 160A, Article 20, Part 1. -- Joint
Exercise of Powers.
(2) Chapter 160A, Article 20, Part 2. -- Regional
Councils of Governments.
(3) G.S. 160A -487. -- Financial support for rescue
squads.
(4) G.S. 160A -488. -- Art galleries and museums.
(5) G.S. 160A -492. -- Human relations programs.
(6) G.S. 160A -497. -- Senior citizens programs.
(7) G.S. 160A -489. -- Auditoriums, coliseums, and
convention and civic centers.
(8) G.S. 160A -498. -- Railroad corridor preservation.
(9) G.S. 160A -185. -- Emission of pollutants or
contaminates.
Section 2. This act applies only to Orange County.
Section 3. This act is effective when it becomes law.
i�
59
§160A -1S3 CH. 160A. CITIES AND TOWNS §160A -186
§ 160A -183. Regulation of explosive, corrosive, in-
flammable, or radioactive substances. 0
A city may by ordinance restrict, regulate or prohibit the sale,
possession, storage, use, or conveyance of any explosive, corrosive,
inflammable, or radioactive substances, or any weapons or instru-
mentalities of mass death and destruction within the city. (1917, c.
136, subch. 5, s. 1; 1919, cc. 136, 237; C.S., s. 2787; 1971, c. 698, s.
1.)
§ 160A -184. Noise regulation.
A city may by ordinance regulate, restrict, or prohibit the produc-
tion or emission of noises or amplified speech, music, or other
sounds that tend to annoy, disturb, or frighten its citizens. (1971, c.�
698, s. 1; 1973, c. 426, s. 25.)
CASE NOTES
Prevention of Disturbing Noises. 331, 164 S.E.2d 607 (1968), decided prior
— The protection of the well -being and to enactment of this section.
tranquility of a community by the rea- Applied in Jim Crockett Promotion,
sonable prevention of disturbing noises Inc. v. City of Charlotte, 706 F.2d 486
is within the city's power to control nui- (4th Cir. 1983).
sances. State v. Dorsett, 3 N.C. App.
§ 160A -185. Emission of pollutants or contami-
nants.
A city may by ordinance regulate, restrict, or prohibit the emis-
sion or disposal of substances or effluents that tend to pollute or
contaminate land, water, or air, rendering or tending to render it
injurious to human health or welfare, to animal or plant life or to
property, or interfering or tending to interfere with the enjoyment
of life or property. Any such ordinance shall be consistent with and
supplementary to State and federal laws and regulations. (1917, c.
136, subch. 5, s. 1; 1919, cc. 136, 237; C.S., s. 2787; 1949, c. 594,'s. 2;
1971, c. 698, s. 1; 1973, c. 426, s. 26.)
Cross References. — As to authority sons, firms or corporations for the dis- '
of counties, cities and towns to enter into posal of solid waste, see H 153A -299.1
long -term contracts with private per- through 153A- 299.6.
CASE NOTES
Cited in Stanley v. Department of
Conservation & Dev., 284 N.C. 15, 199
S.E.2d 641 (1973).
§ 160A -186. Regulation of domestic animals.
A city may by ordinance regulate, restrict, or prohibit the keep-
ing, running, or going at large of any domestic animals, including
dogs and cats. The ordinance may provide that animals allowed to
run at large in violation of the ordinance may be seized and sold or
destroyed after reasonable efforts to notify their owner. (1917, c.
162 # (4
From: NCACC Staff Date: 1115199 Time: 4:31:06 PM Page 1 of 4
Fax Memorandum 60
' North Carolina Association of County Commissioners
Mailing Address: P. O. Box 1488, Raleigh, NC 27602 -1488
q' r StreetAddress. Albert Coates Local Government Center, 215 N. Dawson Street, Raleigh, NC 27603
Telephone: 919- 715 -2893 • Fax: 919 - 733 -1065 • Email: NCACC(a,NCACC.org
Home Page Address: httpJ /www.ncacc.org
To: County Managers
Subject: Adopted Legislative Goals For 1999 -2000
Date: January 15, 1999
I. TAXATION AND FINANCE
Local Option Sales Taz
Support legislation authorizing counties to enact an additional one percent (1 0/6) local option sales tax by
resolution of the Board of County Commissioners, with food purchased for home consumption exempted from the
additional tax.
Menu of Revenue Sources
Support legislation to authorize counties to enact optional local taxes and fees with voter approval from a menu of
various revenue sources to include: local sales taxes, land transfer taxes, impact fees, automobile registration fees,
prepared meals taxes, and occupancy taxes as have been authorized under local act for certain counties.
Reimbursements For Lost Local Revenue
Support legislation to restore growth in reimbursements provided by the state to replace local revenues lost when
the General Assembly repealed certain local property taxes.
Sales Tax Exemption
Support legislation to exempt counties, cities, school boards and community colleges from payment of state and
local sales taxes on government purchases.
Property Tax Exemptions
Support legislation to (1) establish more concise and accurate statutory definitions of "hospital" and "charitable
purposes" as applied to hospitals as well as educational, scientific, literary, charitable, historical, religious, and
benevolent entities; (2) establish a statutory threshold for determining levels of charitable care to be provided by
tax exempt organizations; and (3) to amend G.S. 105 -282.1 to authorize a county tax assessor to approve or deny
applications for the exemption of recycling facilities from local property taxes after exemption certificates are
issued by state agencies.
Automobile Property Tax
Support legislation to improve the system through which property taxes on motor vehicles are collected,
specifically:
• adding provisions to allow the Division of Motor Vehicles to change a vehicle owner's mailing address
without the vehicle owner's authorization;
• adding provisions to require the Division of Motor Vehicles to provide Social Security numbers of the owners
of registered motor vehicles that have been blocked from registration to the county tax collector, and
• providing for a 2% penalty in the first month that taxes on registered motor vehicles are past due.
Tobacco Settlement Funds
Seek state legislative and administrative action to ensure that counties receive a portion of the state tobacco
settlement: to reimburse counties for property tax diminution, costs associated with medical expenditures related
to smoking and for economic losses suffered in tobacco - dependent communities.
From: NCACC Staff Date: 1115199 Time: 4:31:06 PM Page 2 of 4
61
II. PUBLIC EDUCATION
School Funding
Support legislation to increase state funding for public schools, specifically:
• to provide full state funding for the Low Wealth Schools Supplemental Fund, and
• to appropriate state funds to fully fund the costs of utilities in public schools or give the counties a new
unrestricted revenue.
Funding for Community Colleges
Support increased funding for community colleges throughout the state, specifically for technology enhancement
and replacement, capital expenditures ( construction, repairs and renovations), and personnel.
Installment Contract Financing
Support legislation enabling all boards of county commissioners to use the installment contract method to finance
public school and community college capital projects.
New School Construction Design and Bidding Process
Support legislation streamlining the design and bidding processes for new school construction ( "prototype
schools').
III. ENVIRONMENT
Timely State Agency Action
Support legislation to assure the expeditious action on the part of state agencies charged with approving permit
applications or with monitoring activities, to eliminate prolonged delay preventing local communities from
undertaking necessary activities to serve the needs of their citizens.
IV. PLANNING, ECONOMIC DEVELOPMENT, AND LAND USE
Compensation for Lost Property Tax Revenue
Support legislation to require compensation by state agencies and units of local government for lost property taxes
when they purchase land in other jurisdictions if it results in substantial economic loss to the host county.
Coastal Resources Commission Authority
Support legislation to prohibit proposed rules and regulations from being implemented by the Coastal Resources
Commission until local elected officials have been consulted and have expressed support for the new rules and
regulations.
Resource Conservation and Development Councils
Support legislation to provide each of the state's Resource Conservation and Development Councils a $50,000
appropriation as leverage for grants - totaling $500,000, which will be allocated by each county in the regional
council.
Municipal Annexation and Incorporation
Support legislation to:
• establish higher levels of services and improved coordination between cities and counties in meeting local
governmental services needs of the state's citizens by requiring that municipal officials consult with county
officials before any annexation and by requiring that cities not be allowed to annex territory where all chief
services are in place or unless there is in place a long range services plan for extending their chief services to
surrounding areas experiencing, or projected to experience, urban growth. These should be joint city- county
plans that also cover the chief county services;
• modify existing annexation statutes to enhance their openness and responsiveness to citizen concerns;
• modify the annexation process to make it as fair and orderly as possible and to remove unnecessary
procedural requirements that accomplish no benefit for any interested party;
Date: 1/15199 Time: 4:31:06 PM
Page 3 of 4
62
• extend the period of time for which a city that annexes into an area served by a volunteer fire department
may contract with the volunteer department, beyond the current 5 year limit; and
• prohibit the incorporation decision making body from making a positive recommendation unless the area to
be incorporated submits a plan for providing a reasonable level of municipal services, to include at least four
of the following: fire protection, garbage and refuse collection or disposal; water distribution; sewer
collection or disposal; street maintenance; construction or right o way acquisition; street lighting; adoption of
citywide plarming and zoning.
No Wake Zones. Notice to Property Owners
Support legislation to amend G.S. 75A-15 to require notice to affected property owners when the Wildlife
Resources Commission adopts rules pertaining to operation of vehicles on lakes and waterways of the state. The
notice provision should be similar to that required of counties with respect to zoning regulations and changes,
described in G.S. 153A -343.
V. CRIMINAL JUSTICE
Judicial and Court Facilities
Support funding to offset the costs of providing office space for judicial and court related officials.
Service of Process
Support legislation to amend G. S. 7A-3 11 to raise the fee for service of process from $5 to 520.
Cockfighting
Support legislation to amend N.C.G.S. 14-362 (cockfighting) to provide that a second offense would result in a
Class I felony.
Electronic Pleading
Support legislation to allow defendants already serving active sentences to plead guilty and be sentenced by
videoconference.
VI. HUMAN RESOURCES
Mental Health Funding
Support legislation to amend G.S. 122C- 115(d) to allow counties to restore local discretion in budgeting for
mental health services.
School Based Health Center Participation in Health Choice
Support legislation to enable school based health centers to participate in the Health Care Initiative approved by
the General Assembly in 1998.
State /County Special Assistance for Adults
Support legislation to test the potential cost savings of offering a choice to elderly and disabled adults, eligible
for support through State/County Special Assistance for Adults, of either staying at home or entering an adult care
home.
Transfer and /or Discharge from Adult Care Homes
Support legislation that defines a set of criteria for transfer and/or discharge, as well as a state level appeals
process, so residents of adult care can have the same rights and protections as residents in nursing homes (defined `
in G.S. 131E -117 (15).)
Increase Minimum StaMna Level in Adult Care Homes
Support legislation to raise the minimum staffing ratio on morning and afternoon shifts in adult care homes from 1
aide for every 20 residents to 1 aide for every 15 residents, to mandaic the presence of sufficient staff who can
care for the needs of residents, many of whom require assistance with multiple activities of daily living.
3
From: NCACC Staff Date: 1/15199 Time: 4:31:06 PM Page 4 of 4
63
Healthy Carolinians Funding
Support legislation to appropriate 53.75 million to support Healthy Carolinians, a community based partnership
representing public - private sectors that improve the health of the community.
VII. GENERAL GOVERNMENT
911 Surcharge Flexibility
Support legislation to increase flexibility in the use of fees generated for Emergency 911 in order to expand the
ability of counties to enhance these services.
Bud eetine Process of NC General Assembly
Support legislation to provide for a study of ways to improve the coordination between state and local budget
timetables and processes, in such areas as education, social services, mental health, and public health; particularly
in situations where extended legislative sessions increase the difficulty of such coordination.
Funding for Lead Regional Organizations
Support an increase in state appropriations that, with the approval of member local governments, will be used by
the Lead Regional Organizations to promote community and economic development in counties and
municipalities.
Institute of Government Technology Proiect
Support legislation to appropriate recurring funds to establish a Local Government Information Technology
program at the Institute of Government.
Map Review and Plat Size Requirements
Support legislation to amend G.S. 47 -30 to require a minimum 1/2 inch border on all sides of plats being recorded
and to remove from the responsibilities of county Map Review Officers the requirement that the officers assure
that maps attached to deeds include original surveyors' signatures and seats, that the maps be certified copies of
maps, or that they contain the statement "This map is not a certified survey and no reliance may be placed on its
accuracy."
Board of Commissioner Minutes
Support legislation to eliminate the requirement of county governments to record minor tax releases and refunds
in the minutes of meetings when minor releases and refunds are reported to a Board of County Commissioners;
provided that reference to the releases and refunds shall be recorded in the minutes and that the actual record of
releases and refunds shall be maintained by the county for a period of five years.
Affordable Insurance. Coastal Counties
Support legislation to encourage and require all insurance companies in North Carolina to write their fair share of
insurance in coastal areas, to dowtnsize the Beach Plan by re- adjusting the formula in which profits are distributed
and losses are paid by companies who do not write their share in coastal areas, and to authorize the Commissioner
of Insurance to enforce policies needed to force insurance companies to write more insurance on the coast.
F19
W
ORANGE COUNTY BOARD OF COMMISSIONERS 64
A RESOLUTION REQUESTING THAT
THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
CONSIDER PROPOSING LEGISLATION OF STATEWIDE APPLICABILITY
ON CERTAIN ISSUES FOR CONSIDERATION DURING THE 1999 SESSION OF
THE NORTH CAROLINA GENERAL ASSEMBLY
WHEREAS, the North Carolina General Assembly will convene in January 1999 to consider legislative
matters during its Long Session; and
WHEREAS, the North Carolina Association of County Commissioners will consider and adopt a slate of
legislative goals that will serve as the basis for various pieces of draft legislation, applicable on a
statewide basis, to be presented for consideration by the General Assembly in 1999; and
WHEREAS, the Orange County Board of Commissioners has identified a number of legislative changes
that, if adopted, it believes will contribute to the public good and benefit the citizens of Orange County
specifically and the State of North Carolina generally;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that it does
hereby convey to the North Carolina Association of County Commissioners its request that its legislative
concerns, as enumerated below, be incorporated into draft legislation applicable to counties throughout
North Carolina, and be presented to the North Carolina General Assembly within the timeframes
established by that body for consideration in 1999;
■ Opposition to measures to restrict annual increase in the valuation of real property to 2%
■ Require utility providers to gain county approval for utility route selections
■ County authority to levy land transfer taxes
■ Expanded menu of county revenue sources
■ Authority for counties to levy additional sales taxes
■ Increased State role in paying the costs of Medicaid
■ Restoring growth in reimbursements for lost local property tax revenue
■ State funding for increased school utility costs
■ Local government exemption from State sales taxes (to supplant current reimbursement approach)
■ Increased court fees to provide counties with revenue for court facilities
■ Increased Medicare reimbursements for County EMS bills
■ Streamline the design and bidding processes for new school construction
AND BE IT FURTHER RESOLVED that the Chair is authorized to convey this resolution to the North
Carolina Association of County Commissioners by means of a letter which elaborates on Orange
County's concerns and recommendations, to the extent the Chair deems that necessary and appropriate.
This, the 6th day of October, 1998.
tt. . ._ , f
AGENDA #13
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Forum on Potential Legislative Requests
DATE: February 8, 1999
The purpose of this memorandum is to request that the Council approve a scope of options to be
advertised for the Council's public hearing on February 22 on potential legislative requests to the
General Assembly.
BACKGROUND
The Town Council periodically requests local or State -wide legislation to allow or clarify
authority for the Town to undertake various services and programs, including adoption of land
use or other regulatory ordinances and adoption of new revenue sources. (A local bill is one
which would apply to one or a few local jurisdictions. Local bills would include revisions to the
Town's Charter.)
Local bills requested by the Town and enacted by the General Assembly in the past have
included authority to enact a motor vehicle tax higher than provided by General Statute,
authority to enact a hotel -motel occupancy tax, and authority to require installation of fire
sprinklers in fraternity and sorority houses.
On January 27, the Town Council held an initial public forum on potential legislative requests.
At that time the Council heard citizen comment on potential local bills and considered other
matters raised by the Mayor and members of the Town Council.
LEGISLATIVE RULES FOR LOCAL BILLS IN 1999
This year the General Assembly convenes. for a "long session" on January 27, 1999. The
deadline for the submission of local bills to Legislative Bill Drafting in the House and Senate is 4
p.m. on Wednesday, March 24. A bill that has been submitted to Bill Drafting by the March 24
deadline remains eligible for introduction if it is introduced in the House by 3 p.m. on March 31
or filed for introduction in the Senate by 3 p.m. -on March 31.
Based on discussions with the legislative delegation in past years, we believe a public hearing on
a proposal for a local bill would be necessary before a local bill would be introduced. Therefore
we recommend that the scope of the hearing on February 22 be advertised broadly to include all
options that the Council may wish to consider. A hearing is not necessary but is customary on
t �
3
NEXT STEPS
Following the February 22 public hearing the Council will have an opportunity to discuss
potential legislative requests with our legislative delegation on February 26, 1999. Following
that meeting, the Council could adopt a legislative program for 1999.
RECOMN[ENDATION
That the Council adopt the following resolution calling the public hearing on the above list of
potential legislative requests with such changes as the Council may desire.
r i A
4
Y A RESOLUTION SETTING THE SCOPE OF A PUBLIC HEARING ON POTENTIAL
LEGISLATIVE REQUESTS IN 1999 (99- 2- 8/R -10)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a
public hearing for February 22, 1999 on potential legislative requests and requests citizens'
comments at that hearing on the following potential legislative requests in 1999:
1. Authority to require disclosure of names of all contributors to local election campaigns.
2. Authority to limit the amount that can be contributed by a person to a local election
campaign. (See related report this evening on items 1 and 2.)
3. Authority to use video traffic surveillance technology and impose civil penalties based on
camera surveillance.
4. Authority to regulate the timing and/or number of private development projects under
construction within a watershed.
5. Authority to prohibit outdoor burning in the Town's extraterritorial jurisdiction.
6. Authority to enact an entertainment tax on large entertainment venues.
7. Legislation to allow greater regional planning authority.
8. Revision to rules requiring poll workers to work all day
9. Authority to enter into development agreements as part of the regulation of land use on
large tracts including the Horace Williams tract.
10. Authority to enact inclusionary zoning.
11. Authority to enact additional regulations regarding alcoholic beverages including, among
others: regulation of opening and closing hours; regulation of special promotions such as
happy hours; and local law enforcement authority to enforce alcohol regulations currently
under the jurisdiction of state agents.
This the 8`h day of February, 1999.