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HomeMy WebLinkAboutAgenda - 02-16-2010 - 5cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 16, 2010 Action Agenda Item No. 5 - G SUBJECT: Orange County's Proposed 2010 Legislative Agenda DEPARTMENT: County Commissioners PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): Public Hearing Notice UNDER SEPARATE COVER Alphabetical Index of Potential Legislative Issues Subject Area Index of Potential Legislative Issues Proposed Orange County 2010 Legislative Matters Resolution and Exhibits Proposed Orange County Resolution with Exhibit A - Draft Bill on Orange - Alamance County Llne PURPOSE: To: INFORMATION CONTACT: Commissioner Valerie Foushee, 245 -2130 Commissioner Barry Jacobs, 245 -2130 1) Hold a public hearing on Orange County's potential legislative items for the 2010 North Carolina General Assembly Session; 2) Review and discuss potential items for inclusion in Orange County's legislative agenda package for the 2010 North Carolina General Assembly Session; 3) Approve the legislative matters resolution with exhibits based on the public hearing and Board discussion; 4) Consider possible action on the resolution and draft bill regarding the Orange - Alamance county line; and 5) Consider identifying three to five specific items from the entire package to highlight for priority discussion at the February 22, 2010 meeting with Orange County's legislative delegation. BACKGROUND: The North Carolina General Assembly convenes on Wednesday, May 12, 2010. In past years the Board of Commissioners has appointed two Commissioners to serve on a Legislative Issues Work Group (LIWG) to work with staff to develop a proposed legislative package for the County. Based on the work of the LIWG, the BOCC has then reviewed and approved packages of legislative items to pursue for the respective North Carolina General Assembly sessions. Commissioners Valerie Foushee and Barry Jacobs are serving on the 2010 LIWG and have worked with staff on a proposed 2010 legislative package. 2 At its February 2, 2010 regular meeting, the Board approved an item on the Consent agenda authorizing a public hearing on Orange County's proposed 2010 legislative agenda during tonight's regular meeting (see attached public hearing notice which was published in five different local newspapers). The Board needs to hold the public hearing on County's proposed 2010 legislative package items. The Board should then review and discuss those and any other items as may be addressed during the public hearing and then approve the legislative matters resolution with exhibits based on the public hearing and Board discussion. The Board also needs to consider possible action on the resolution and attached proposed bill regarding the Orange - Alamance county line. It should be noted as the BOCC considers this matter that Alamance County staff is currently reviewing the draft bill and the Alamance County Board of Commissioners has not taken any action regarding it. Lastly, in preparation for its February 22, 2010 meeting with Orange County's legislative delegation, the Board may want to consider identifying three to five specific items from the entire package to highlight for priority discussion. The work of the Legislative Issues Work Group to this point is based on the current information available for the 2010 General Assembly Session. The issues addressed by the Group may evolve and change over the session and require additional attention by the Group and Board of Commissioners. New issues may also arise necessitating additional review. FINANCIAL IMPACT: There is no financial impact with holding a public hearing other than the newspaper advertisement costs which will be addressed within the approved FY2009 -10 budget. RECOMMENDATION(S): The Manager recommends the Board: 1) Hold the public hearing as advertised on Orange County's potential legislative items for the 2010 North Carolina General Assembly Session; 2) Review and discuss potential items for inclusion in Orange County's legislative agenda package for the 2010 North Carolina General Assembly Session; 3) Approve the legislative matters resolution with exhibits based on the public hearing and Board discussion; 4) Consider possible action on the resolution and draft bill regarding the Orange - Alamance county line; and 5) Consider identifying three to five specific items from the entire package to highlight for priority discussion at the February 22, 2010 meeting with Orange County's legislative delegation. ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING NOTICE FOR Tuesday, February 16, 2010 at 7:00 p.m. A public hearing will be held on Orange County's potential legislative agenda for the 2010 North Carolina General Assembly Session. The issue areas to be addressed include: Human Services Justice and Public Safety Environment Planning and Transportation Solid Waste Hunting Deer with Dogs Schools Revenue and Taxation Agriculture Energy Economic Development Orange - Alamance County Line The Board of Commissioners welcomes all comments on all items as may be introduced or addressed at the public hearing. The meeting is open to the public and will be held on Tuesday, February 16, 2010 at the Southern Human Services Center at 2501 Homestead Road in Chapel Hill beginning at 7:00 p.m. If you need additional information, please call Greg Wilder at 245 -2300. ALPHABETICAL TOPICS INDEX FOR ORANGE COUNTY 2010 LEGISLATIVE MATTERS RESOLUTION TOPICS (Alphabetical) ITEM NUMBER PAGE NUMBER Bicycle Safety Education 29 18 Bio- solids Disposal 19 13 Broadband 28 17 Carolina North Transportation Funding 14 9 Construction and Demolition Landfill — Change 27 16 in Operations Court Facility Fees 12 8 Criminal Justice Partnership Program (CJPP) - 7 4 Continuation of Funding (from Current Non - Recurring Status) Development - Monetary Exactions 23 15 Development Moratoria Authority 24 15 E -911 Funds 10 7 Employment Anti- Discrimination Legislation 30 18 (Statewide) Energy Efficiency Standards in Local Building 25 15 Codes Entertainment and Sports Event Fee to Support 13 8 Transportation Need Fire Protection - Additional State Funding for 8 5 State -Owned Buildings Herbicide Use Limitations for Right of Way 21 14 Maintenance Hold Harmless Funding for the County 2 2 2 TOPICS (Alphabetical) ITEM NUMBER PAGE NUMBER(S) Homestead Exemption Revision 11 7 Hunting Deer with Dogs (Expansion of Ban) 32 18 Jordan Lake Rules - B. Everett Jordan Reservoir 18 12 Nutrient Management Rules Land for Tomorrow/Land and Water 6 3 Conservation Trust Funds Marriage - Constitutional Amendment Definition 31 18 Mental Health 16 10 North Carolina Association of County 33 20 Commissioners (NCACC) Legislative Goals North Carolina Housing Trust Fund 5 3 Open Burning/Burning Permits 20 13 Outdoor Advertising Vegetation Removal 22 14 Regional Value -Added Shared Use Food and 9 6 Agricultural Processing Center Funding Revenue Options for Local Government 1 1 Roads - County Responsibility 15 9 Sales Tax Exemption 3 2 School Construction 4 3 Solid Waste Services 26 15 Triangle J Council of Governments 2009 34 21 Regional Legislative Agenda Wastewater System Classifications for Volunteer 17 11 Fire Departments SUBJECT AREA TOPICS INDEX FOR ORANGE COUNTY 2010 LEGISLATIVE MATTERS RESOLUTION SUBJECT AREA Revenue/Funding/Fees Revenue Options for Local Government Hold Harmless Funding for the County Sales Tax Exemption School Construction North Carolina Housing Trust Fund Land for Tomorrow/Land and Water Conservation Trust Funds Criminal Justice Partnership Program (CJPP) - Continuation of Funding (from Current Non - Recurring Status) Fire Protection - Additional State Funding for State -Owned Buildings Regional Value -Added Shared Use Food and Agricultural Processing Center Funding E -911 Funds Homestead Exemption Revision Court Facility Fees Entertainment and Sports Event Fee to Support Transportation Need Transportation Carolina North Transportation Funding ITEM NUMBER PAGE NUMBER 1 1 2 2 3 2 4 3 5 3 6 3 7 4 8 5 9 6 10 7 11 7 12 8 13 8 14 9 SUBJECT AREA Transportation (Continued) Roads - County Responsibility Community Services/Health Mental Health Wastewater System Classifications for Volunteer Fire Departments Environment Jordan Lake Rules - B. Everett Jordan Reservoir Nutrient Management Rules Bio- solids Disposal Open Burning/Burning Permits Herbicide Use Limitations for Right of Way Maintenance Outdoor Advertising Vegetation Removal Planning/Development Development - Monetary Exactions Development Moratoria Authority Energy Efficiency Standards in Local Building Codes Solid Waste Solid Waste Services Construction and Demolition Landfill — Change in Operations 2 ITEM NUMBER PAGE NUMBER 15 9 16 10 17 11 18 12 19 13 20 13 21 14 22 14 23 15 24 15 25 15 26 15 27 16 SUBJECT AREA Other Broadband Bicycle Safety Education Employment Anti- Discrimination Legislation (Statewide) Marriage - Constitutional Amendment Definition Hunting Deer with Dogs (Expansion of Ban) North Carolina Association of County Commissioners (NCACC) Legislative Goals Triangle J Council of Governments 2009 Regional Legislative Agenda 3 ITEM NUMBER PAGE NUMBER 28 17 29 18 30 18 31 18 32 18 33 20 34 21 NORTH CAROLINA ORANGE COUNTY RESOLUTION REGARDING LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator. and Representatives representing Orange County take the following position on legislation regarding the following matters: 1) Revenue Options for Local Government - Support legislation that authorizes a variety of revenue options for local governments to fund local government services. An overarching principle is that any local government revenue source that is presently available to one or more local governments in the state should be available to all local governments uniformly throughout the state. All local governments should, on a reasonable basis, have the authority to levy local option sales taxes, apply impact fees and /or taxes, utilize real estate transfer fees and /or taxes, etc. Orange County specifically notes its support for the ability of all local governments to apply impact fees and /or taxes and to implement real estate transfer fees and /or taxes; 2 2) Hold Harmless Funding for the County - Orange County is experiencing a substantial decrease in sales tax revenue. The County asks that the 2010 General Assembly protect the "hold harmless" funding to the County as designated in the 2007 Medicaid Relief legislation. Any efforts to reduce or eliminate this "hold harmless" funding will further exacerbate the County's strained financial status. The County further requests that the State's disjointed "hold harmless" funding distribution schedule be aligned to more closely resemble the State sales tax distribution schedule; 3) Sales Tax Exemption - Support legislation to exempt counties, cities, school boards, community colleges, and the Orange Water & Sewer Authority from payment of state and local sales taxes on purchases within North Carolina. The legislation should contain a provision permitting the state to repay the last refund over a multi -year period to minimize state budget impacts. Alternatively, Orange County supports legislation to fully restore public schools' access to sales tax refunds; 3 4) School Construction - Support legislation to provide state assistance to local governments to meet school construction needs caused by increased enrollment and mandated reductions in class size through a statewide referendum on a bond issue and /or through additional authority for counties to raise revenues to meet school facility needs; 5) North Carolina Housing Trust Fund - Support legislation providing appropriations by the General Assembly authorizing recurring funds for the North Carolina Housing Trust Fund to provide new home ownership opportunities and affordable rental homes for those qualified under the North Carolina Housing Trust Fund, while looking to enhance federal funding opportunities where appropriate; 6) Land for Tomorrow /Land and Water Conservation Trust Funds - Support legislative actions which seek to enhance appropriations and /or safeguard existing trust funds established for the protection of the state's land, water, and special places, before they are 4 irreversibly lost, and which enjoin the Governor from sequestering these funds; 7) Criminal Justice Partnership Program (CJPP) Continuation Funding (from Current Non - Recurring Status) - Support legislative actions to provide reliable full funding for CJPP as it saves money in the long term for both state and local governments. CJPP provides grants to support community -based programs aimed at reducing recidivism, probation revocations, alcoholism and other drug dependencies, and the costs of incarceration to the state and counties, with the Division of Community Corrections (DCC) administering the program. The eligible offender population includes adult sentenced offenders who receive an intermediate sanction and post- release or parole offenders. Orange County understands the Department of Juvenile Justice /Delinquency Prevention, like all State agencies, must grapple with reduced resources and the threat of further cuts in a tough fiscal environment. The County acknowledges the difficulty achieving these adjustments and appreciates the Department's commitment to sustaining the majority of direct services to North 5 Carolina's children and families. In this time of economic shortfalls, CJPP remains one of the only available resources in counties where offenders are able to receive the treatment and services they need to stay focused on leading productive lives. CJPP represents a one -of -a -kind partnership between the state, counties, and various providers of treatment, education and vocational services working jointly to effect positive behavioral change in the thinking, motivation, and actions of criminal offenders. The County encourages the State to avail itself of any opportunities through the use of economic stimulus dollars or other federal initiatives to maintain the stability of programming, facilities, and staff vital to the safety and security of troubled youth in their local communities. (See Exhibit A - March 18, 2008 Board of County Commissioners Adopted Resolution Regarding Continuation of Criminal Justice Partnership Program Funding); 8) Fire Protection - Additional State Funding for State - Owned Buildings - Support legislation similar to provide additional State compensation to municipalities I and local fire districts providing fire protection to state -owned buildings; 9) Funding for a Piedmont Regional Value -Added Shared Use Food and Agricultural Processing Center - During 2008 and 2009, successful grant applications for a Regional Value -Added Shared Use Food and Agricultural Processing Center yielded $1,098,000 in state and federal funds dedicated to the renovation of an existing Hillsborough structure as well as equipment purchase and first year operation of the facility. For the 2010 General Assembly session and on behalf of its five partners, Orange County requests $250,000, including any financial support from any federal stimulus funds available for this "shovel- ready" project, to support the construction, start -up, and operation of a Piedmont Regional Value -Added Shared Use Food and Agricultural Processing Center. Orange County previously forged a regional public- private partnership for a potential Piedmont Regional Shared Use Value -Added Processing Center including four counties (Alamance, Chatham, Durham, and Orange) and two private businesses (Weaver Street Market and Whole 7 Foods). The partners secured the necessary funds for a feasibility study conducted by the Mars Hill College Center for Assessment and Research Analyses. The study report included information on potential site needs for a Center, potential product lines, marketing opportunities, and numerous other factors. A Center would enable farmers from the region to meet local market demand for year -round locally -grown products and would also operate in a complementary fashion with the regional meat processing center in Caswell County; 10) E -911 Funds - Orange County supports the legislative study committee currently evaluating the expansion of uses for these funds and any legislation which ultimately supports expanded uses within the public safety disciplines related to emergency communications and Emergency Medical Services; 11) Homestead Exemption Revision - Support Homestead Exemption provisions of the Machinery Act to provide greater opportunities for low - income seniors to remain in their homes and not be displaced due to property tax E burdens, eliminate the discriminatory features of the exemption provisions relating to couples, and address the ineffectiveness of the exemption provisions in communities where property values increase at substantial rates over short periods of time; 12) Court Facility Fees - Orange County recently completed an $11 million justice facility expansion, a substantial investment for the County. Like other North Carolina counties, the County receives limited financial support for the construction of judicial facilities as well as the on -going annual facility operation and maintenance. Orange County expresses support for either a) counties receiving a higher percentage of existing court fees, or b) counties being granted authority to institute Court Facility Fees to help fund capital, operational and other needs associated with ever - increasing judicial activities; 13) Entertainment and Sports Event Fee to Support Transportation Needs - Support legislation to permit a fee to be charged on tickets purchased for large entertainment and sports events, with the revenue 6 shared by the respective government jurisdictions and dedicated to the support of public transit and transportation programs (Also see Item #1 of this Resolution); 14) Carolina North Transportation Funding - Support the allocation of both State and University of North Carolina funding to address the regional transportation impacts that the University's new Carolina North campus will create. The University of North Carolina's new proposed Carolina North campus will have tremendous impacts on traffic in Chapel Hill, throughout Orange County, and the region. A majority of the University's staff already travel from outside Orange County, impacting the County's limited transportation infrastructure. The transportation demands and increased traffic counts created by Carolina North will be substantial and the State and University should provide funding to address these impacts; 15) County Responsibility for Roads - Oppose legislation and any other efforts to delegate secondary road 10 improvement, maintenance, and costs (or the sharing of these secondary road improvement or maintenance responsibilities) to county governments. Orange County specifically emphasizes the undesirability of counties bearing or sharing the costs of secondary road improvements and /or maintenance. However, if the responsibility or the sharing of responsibility for secondary road improvements and /or the maintenance of roads is foisted upon county governments, then Orange County requests that counties also be given the authority to levy fees, tolls, and other charges as may be necessary to provide funding to address this new responsibility. A new responsibility should include new revenue opportunities to accomplish the identified needs; 16) Mental Health - Support stable and secure funding for mental illness, development disabilities, and substance abuse treatment systems Statewide, and seek legislation that assures local capacity to meet local needs. The State must support local government, both financially and statutorily, so that crisis intervention services 11 and housing options can be made appropriate and available in community settings. Orange County also expresses support for any increased allocations as a result of Federal stimulus funding to strengthen community -based mental health services; i.e., Club Nova (Carrboro) and KidsCope (Hillsborough) that have previously required supplemental financial assistance from County government; 17) Wastewater System Classifications for Volunteer Fire Departments - Support actions to change North Carolina Division of Water Quality (DWQ) wastewater system classification rules which currently classify a spray irrigation system such as one utilized by volunteer fire departments as "commercial ". This classification is appropriate when floor drains or other sources of non - domestic wastewater are present. However, when the flow generated by the system is domestic quality /non- industrial process wastewater, the system should be held to the same monitoring and testing standards as a residential wastewater system under DWQ jurisdiction. In the alternative, volunteer fire departments should be excluded entirely from the "commercial" 12 classification. The annual inspections and testing costs associated with a `commercial" designation for a spray irrigation system serving a volunteer fire department can be several thousands of dollars. Accounting for the type of flow actually treated by a system rather than assigning a blanket "commercial" designation would significantly reduce a volunteer fire department's annual cost; 18) B. Everett Jordan Reservoir Nutrient Management Rules As Stage 1 Adaptive Management begins in 2010, and the stakeholders await the 2014 technical report on water quality that may trigger additional nutrient reduction steps, Orange County continues to note its longstanding watershed protection efforts in this watershed prior to the 2001 baseline. The County requests that members of the North Carolina General Assembly take leadership in making funding available to local governments to address the nutrient management reductions that may be required, and in particular consider the creation of a revolving fund (perhaps administered by the Clean Water Management Trust Fund) to provide starter funds for 13 nutrient trading possibilities among the jurisdictions and public - private entities; 19) Bio- solids Disposal - Support legislation which provides county governments some opportunity to regulate and /or have input into, but not prohibit, sludge application activities, including the acceptable "classes" of sludge for application and the prohibition of sludge application in certain environmentally sensitive areas such as critical watersheds. Orange County is not seeking to eliminate the appropriate application of bio- solids for agricultural use, but believes counties should play a role in the process. (See Exhibit B for additional information); 20) Open Burning /Burning Permits - Support amending the statutes (G.S. 113- 60.31) related to open burning to remove the open burning prohibition exemption that is currently available during periods of hazardous forest fire conditions, during drought periods, or during air pollution episodes; or, in the alternative, granting local governments the authority to prohibit open burning without the State's declaration of a hazardous 14 condition since local fire authorities are best suited to assess local conditions and determine the best courses of action related to burning activities; 21) Herbicide Use Limitations for Right of Wav Maintenance - Support legislation that would further regulate or prohibit the use of herbicides for the clearing and maintenance of easements and rights of way by utilities; 22) Outdoor Advertising Vegetation Removal - Oppose any efforts to revise provisions governing vegetation removal for outdoor advertising purposes that would expand the opportunities for additional vegetation removal along interstate and other road right -of -ways. Orange County believes that the scenic beauty of the state is significantly harmed by outdoor advertising signs in general and further diminished with the associated vegetation removal. The County opposes any efforts to permit additional outdoor advertising signs and any relaxation of the rules limiting vegetation removal for new or existing signs; 15 23) Monetary Exactions for Developments - Oppose any legislation which would preclude local governments from requiring a monetary contribution for the impact of development that is not expressly authorized by law. This bill could impact a local government adequate public facilities ordinance (APFO); 24) Development Moratoria Authority - Oppose Senate Bill 117 and any other legislation which would prohibit a local government from imposing a time - limited building moratorium while it develops or revises a development ordinance; 25) Energy Efficiency Standards in Local Building Codes - Support changes in State law to allow local governments to include standards for energy efficiency in local building codes that are higher than those contained in the State Building Code; 26) Solid Waste Services - Oppose any legislation to further weaken the authority and /or ability of local governments to operate and administer Solid Waste services, including opposition to legislation similar 16 to Senate Bill 951 (2006) and any other legislation that would limit local governments' opportunities in their solid waste service delivery to reduce costs, improve the quality of service, and /or meet local waste reduction goals; 27) Construction and Demolition Landfill - Change in Operations - Support legislative assistance to change the State rules /statutes regarding the origin of materials and not the material use in connection with C & D landfill disposal. Orange County continues to challenge the change in State rules /statutes. The effect is that considerable C & D materials are now required to be placed in the County Municipal Solid Waste (MSW) landfill using valuable space, raising costs, and creating operational difficulties for field supervisors. For many years the State did not apply a rigid interpretation and related enforcement. Orange County, while fully compliant, maintains this rule is expensive, unnecessary, and detrimental to waste reduction goals. The cost of losing 3 months of capacity in the MSW landfill due to the shift of C &D 17 materials is estimated at $250,000 per year or a total of $750,000 over three years. Moreover the increased cost to the Solid Waste Sanitation Division for delivering C & D like materials to the MSW landfill is approximately $19,500 per year, with $1,310 for each additional month thereafter. The State can impose a maximum administrative penalty of $15,000 per day for non - compliance with the C & D definition. See Exhibit C - April 18, 2008 Memorandum Regarding Change in Landfill Operations; 28) Broadband - Orange County supports legislation, funding, and other efforts made to expand broadband capability to the un- served and under - served areas of the State to enhance quality of life as well as expand opportunities for jobs creation, small business development, and growth in farm enterprises. Orange County also supports legislation and regulations that would preserve local option and authority where needed to deploy community broadband systems and ensure community access to critical broadband services; 29) Bicycle Safety Education - Support legislation to increase the emphasis on bicycle safety issues in drivers' education courses and on the State drivers' license examination; 30) Employment Anti- Discrimination Legislation (Statewide) - Support legislation creating a statewide employment anti - discrimination law and providing for local government enforcement through memoranda of understanding or other appropriate mechanisms; 31) Constitutional Amendment Defining Marriage - Oppose any proposed Constitutional amendment which limits or defines marriage as only the union of a man and a woman or provides that marriage between a man and a woman is the only domestic legal union recognized in North Carolina; 32) Extend Ban on Hunting Deer with Dogs - Orange County requests the delegation introduce and support ratification of a local act to ban hunting deer with dogs throughout the County in its entirety. Hunting deer with dogs has been banned in that portion of 9s] Orange County lying south of Interstate 85 since 1979 when the General Assembly adopted NC General Statute 113- 291.5. The intent of the proposed legislation is to extend the ban north of Interstate 85. During the fall of 2009, County staff held listening sessions to receive comments and suggestions from both deer hunters and private property owners in response to questions, concerns, and complaints arising from the community. The Board of Commissioners received staff findings and conclusions at its January 21, 2010 meeting, and in the interest of public safety, private property rights, and population change, voted to incorporate proposed legislation within its package for presentation to the local delegation. The practice was banned in adjacent counties - Alamance (1979) and Durham (2001). Person and Caswell have not addressed the issue formally. A "Survey of Landowners Who Own Large Tracts of Land Concerning Deer Management and Hunting" conducted by Responsive Management on behalf of the NC Wildlife Resources Commission and published in 2009 reported 61 percent of the respondents (owners of 5 -acres minimum) moderately or strongly disagreed with the statement, "Hunting deer with dogs should be legal in North W Carolina ". The Human Society of the United States (HSUS) reports that while deer hunting is legal in every state, hunting deer with packs of dogs is allowed in only nine states - Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Arkansas; 33) North Carolina Association of County Commissioners ( NCACC) Legislative Goals - Orange County supports NCACC's Legislative Goals, many elements of which were and are initiatives of Orange County, noting the additional Orange County explanatory language included in Bold Italic where appropriate (See Exhibit D). Orange County has specific comments related to two NCACC goal statements: a) Intergovernmental Relations - Modernize Annexation Laws - Orange County believes many of the issues that arise during the annexation process could be reduced or eliminated if state law encouraged or required the implementation of long -range planning agreements between towns and counties; and b) Agriculture - Support Conservation of Working Lands and Farmland Preservation - Orange County 21 supports a conservation option under the Use Value Program. Orange County also supports a revision to the revenue and acreage requirements of the Use Value Program. Many operations can easily meet the revenue requirements but do not meet the minimum ten acres threshold for agricultural operations. It is suggested that a pilot program be established for several counties including Orange that reduces the acreage requirement and raises the revenue requirement from $1,000 to $5,000. The results from a pilot program could then be evaluated for implementation statewide. 34) Triangle J Council of Governments 2009 Regional Legislative Agenda - Support legislation that would accomplish the Triangle J Council of Governments 2009 Regional Legislative Agenda, which is Exhibit E to this Resolution, many elements of which were and are initiatives of Orange County (Note: The Triangle J Council of Governments is currently developing its 2010 Regional Legislative Agenda). 22 Upon motion of Commissioner seconded by Commissioner JF the foregoing resolution was adopted this the 16th day of February, 2010. I, Donna Baker, 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 February 16, 2010 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 , 2010. Clerk to the Board of Commissioners EXHI -ed i A. ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF CONTINUATION OF CRIMINAL JUSTICE PARTNERSHIP PROGRAM FUNDING WHEREAS, Criminal Justice Partnership Program (CJPP) funding has been removed from the continuation budget and is now subject to continuation review; and WHEREAS, the non - reoccurring status of CJPP funding and subsequent continuation review will delay the annual appropriation and may result in the lo. ss of qualified professionals to provide treatment services for adult offenders at the local level; and WHEREAS, since 1994, the State of North Carolina and county governments have been partners in providing necessary community based substance abuse treatment services to adult offenders, which .have been effective in reducing recidivism by these offenders; and WHEREAS, the local CJPP Boards diligently cant' out their charge of assessing community needs, planning for services to meet those needs and recommending programs for funding to deliver the services, and evaluating the performance of these programs; and WHEREAS, the loss of CJPP program services will result in the adult offender being without community based treatment services and could increase recidivism, as well as, incarceration in the local jails and State prison system; and NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners strongly endorses full reinstatement of funding for the Criminal Justice Partnership Program to the continuation budget and the allocation of additional funds to support legislative mandates to protect the community and provide a criminal justice continuum at the local level. This, the 18th day of March 2008. Barry Jacobs, Chair Orange County Board of Commissioners EXHIBIT B Bio- Solids Disposal Orange County is among the top five North Carolina counties in terms of acreage on which wastewater treatment bio- solids is applied. The County receives bio - solids from wastewater treatment plants operated by Hillsborough and Orange Water and Sewer Authority (OWASA) in the County, from Mebane and Burlington in Alamance County and from the City of Durham in Durham County. Some of this application occurs in critical watersheds. The process of land applying liquefied bio- solids is regulated by the NC Division of Water Quality under US Environmental Protection Agency (USEPA) regulations, policies and guidelines under a primacy agreement with the USEPA. Bio - solids are generally applied to agricultural land (primarily land used for active livestock grazing or growing of forage crops) at "agronomic" rates. Agronomic rates in this case indicate that the bio- solids are applied such that its nitrogen /phosphorous content is consistent with the rate of application of standard fertilizers. Unlike commercial fertilizers, however, bio- solids containing industrial wastes typical of municipal wastewater treatment systems usually contain a number of potentially harmful heavy metals (cadmium, chromium, arsenic, lead, mercury), synthetic and volatile organic compounds (SOC's and VOC's) as well as some level of active pathogenic organisms typical of human waste residues. The land application of bio- solids to agricultural lands is exempt — as both a "discharge" wastewater treatment activity and an agricultural activity — from approval, regulation, enforcement or effective oversight by County land, environmental protection or health regulation. Yet potential effects to the health of nearby residents that are associated with aerosol or surface and ground water contamination are woefully un- or under - studied by the EPA or the Center for Disease Control. Residents of Orange County that live nearby to bio- solids application sites are fearful of risks to their health and have at least anecdotally reported a higher incidence of health and nuisance problems to the Board of County Commissioners. EXHIBIT C Memorandum To: Laura Blackmon, County Manager From: Gayle Wilson, Solid Waste Management Director Subject: Change in Landfill Operations — Effective Immediately By Order of NC Division of Waste Management, Strict Regulation of Incoming Materials to Construction & Demolition (C &D) Landfill To be Enforced Impacts: Estimated Shift of 8,000 Tons from C &D Landfill to MSW Landfill; Potential Reduction of Available MSW landfill Capacity by Five Months; and Additional Disposal Costs for Customers Date: April 18, 2008 The NC Division of Waste Management (DWM) recently notified the Solid Waste Management Department that strict regulatory adherence will be applied for incoming materials to the Construction and Demolition (C &D) landfill beginning immediately. According to state rules regulating C &D landfills, only C &D waste "generated solely from the construction, remodeling, repair, or demolition operations on pavement and buildings or structures" is authorized to be placed in a permitted C &D landfill. "C &D waste does not include municipal and industrial waste that may be generated by the on- going operations of buildings or structures ". This distinction thereby prohibits, for example: 1) a piece of broken pipe scrap collected from the backyard during a home clean up from being placed in C &D; 2) material generated at a cabinet shop operation, even if it is plywood with laminate or other similar material, from burial in the C &D landfill; 3) a piece of damaged hose generated from a home use is not allowed whereas the same scrap piece of hose from a construction site would be allowed, and 4) a small sawed end of a "2 by 4" from Home Depot's shop is prohibited, but the same piece of wood from a construction site is allowed. During a March visit by our region's DWM Inspector, it was observed that as much as half of the material currently being placed into the County's C &D landfill did not fall under their definition of C &D above. It often originated from cleanups and other non- construction activity. Due to this distinction, and under the threat of issuance of a notice of violation of the County's landfill operating permit, our region's state inspector has mandated that Orange County change our operations immediately to comply. Accordingly, the staff estimates slightly more than 50% of current C &D wastes will need to be diverted to the lined MSW landfill. This equates to an additional 8,000 tons of material a year that now will need to be placed into the MSW landfill. It will impact the County in loss of an estimated five months of available MSW landfill space and a cost increase of 15% cost to our customers ($47 per ton in MSW compared to $41 in C &D). 2 Previously, many C &D landfill operators used good judgment and best management practices in allowing construction and demolition type materials and other non- putrescible solid wastes such as some furniture, non - recyclable wood, rigid plastics, etc. The purpose of this informal, landfill- operator- initiated expansion of accepted materials was to preserve valuable lined landfill space, while at the same time maintaining environmental integrity and rigorous oversight of the facility. While most metal, clean wood and cardboard is recycled from our local C &D waste due to Orange County's regulatory prohibition on landfilling these materials, other construction -like material is frequently so heavily commingled with the remaining non - construction site wastes that it will now no longer be technically classified as C &D. In staff's estimation, and that of many solid waste professionals and scientists, a discarded board, water hose or a plastic bucket from a construction site is no different than an identical discarded board, water hose or plastic bucket from a Home Depot dumpster or a citizen's garage. To many solid waste professionals, it seems that the environmental properties of the material itself should determine the most effective and proper disposal rather than the origin of the material, whereas it appears that the regulators have placed origin ahead of the nature of the materials in importance of determining how materials are to be handled. Operational difficulties created for Orange County by this change in enforcement are substantive and adjustments will be required of customers accustomed to long - standing landfill materials acceptance practices. The working face of the lined MSW landfill will become larger, requiring additional daily cover material. Managing this increased traffic from commingling of smaller vehicles like the casual home - hauler in a pickup truck with larger vehicles will create operational and staffing challenges. Orange County has worked diligently for twenty years to reduce waste landfilled, conserve landfill air space and increase recycling in every sector through a combination of programs, regulations, public education and technical innovation. The County's environmental monitoring protocols include on -site inspection of each load dumped and our groundwater monitoring far exceeds State regulatory or general industry standards. Last year, Orange County achieved its highest waste reduction rate ever at 48% per capita. This new enforcement protocol will burden the County and its landfill users unnecessarily, take away daily operational judgments by our on- the - ground waste staff and not necessarily achieve any greater environmental protection, while moving materials out of our C &D waste stream, potentially escaping our C &D recovery efforts and unnecessarily harming the County's waste reduction efforts. While many communities do not have access to C &D landfills and dispose of all wastes into Municipal Solid Waste (MSW) landfills, others that do utilize C &D facilities may wish to allocate wastes according to their specific properties and preserve landfill space and minimize expenditures. The Solid Waste Management Act of 2007 now requires liners in all new C &D landfills and makes them essentially equal to MSW landfills in their level of protection. This makes the arbitrary distinction of using the source of materials rather than the contamination potential of the waste materials even less understandable. We suggest your consideration in recommending that our legislative leaders consider inquiring about a potential change in the definition of C &D waste. I EXHIBIT D The Orange County Board of Commissioners expresses its general support for the North Carolina Association of County Commissioners (NCACQ 2009 -2010 Legislative Goals as detailed below. In some instances, Orange County has included additional explanatory language to further detail Orange County's position on a particular matter. Any additional language included by Orange County is shown in Bold Italic. NCACC LEGISLATIVE GOALS 2009 -2010 (With Comments by Orange County) Priority Goal 1. Revenue Options and Protection — Seek legislation to allow all counties to enact by resolution or, at the option of the Board of Commissioners, by voter referendum any or all revenue options from among those that have been authorized for any other county, including local option sales taxes, prepared food taxes, impact fees and real estate transfer taxes; and to preserve the existing local revenue base. (See also Item #1 of Orange County's Legislative Matters Resolution) Justice and Public Safety 2. E -911 Funds — Support legislation to preserve county revenue from E -911 charges and allow counties greater flexibility in the use of the funds; and restructure the 911 Board created by G.S. 62A -41 to add additional local government representation. (See also Item #10 of Orange County Legislative Matters Resolution) 3. Reimbursement, state inmates in county jails — Seek legislation to increase the daily reimbursement rate for housing state inmates in county jails. 4. Gang Prevention — Support additional funds for gang prevention, intervention and suppression activities. 5. Methamphetamine Labs — Support legislation and appropriations to mitigate the prevalence of methamphetamine production and use through the state. 6. Court Facilities Fee — Support legislation to allow counties to collect additional facilities fees to help fund capital, operational and other needs associated with ever - increasing judicial activities. (See also Item #12 of Orange County's Legislative Matters Resolution) 7. Criminal Justice Information — Support legislation which requires sharing of information by the juvenile justice system with the adult criminal system during the conduct of any felony -level criminal investigation. 2 Taxation and Finance 1. Motor Vehicle Property Taxes — Support continued appropriations from the Combined Motor Vehicle and Registration Account to ensure that the previously ratified motor vehicle taxation legislation is implemented according to the existing timetable and without any additional delay. 2. Impact Analysis — Support efforts to analyze the fiscal impacts of tax relief programs and exemptions enacted by the General Assembly to provide transparency on a county - by- county basis with respect to the local effects of such tax breaks. 3. Definition of Charity — Support legislation to clarify the definition of "charity" for hospitals, including facilities financed through bonds issued by the Medical Care Commission, and continuing care facilities, and require that any property valuation exclusion formula provide for a higher test of "charity," to include a calculation of the cost of non - reimbursed care delivered. 4. Manufactured Home Taxes — Support legislation to require all taxes levied on a manufactured home to be paid before the home may be moved, repossessed or sold on- site. 5. Central Listing and Assessing of Cellular and Cable Companies — Support legislation to centrally list and assess cellular companies and cable companies as public service companies. 6. Reimbursement, In Rem Foreclosures — Support an increase in the reimbursement rate for local government collection efforts related to in rem foreclosures. Environment 1. Water and Sewer Infrastructure — (a) Support legislation providing the necessary capital for the maintenance, upgrade, installation and expansion of public water, sewer and stormwater infrastructure, with encouragement for water reclamation facilities; and (b) seek legislation to create a study of the rules and procedures for evaluating the available capacity of pump stations. 2. Funds for Regional Water Resource Management — Support funding for regional councils to develop and implement multi jurisdictional water resource management planning and programs in every region through the cooperation of local governments, water users, and other stakeholders. 3. Private Well Testing — Seek legislation limiting state mandated contaminant testing of private wells to naturally occurring chemicals, and authorizing local control over well testing for named petroleum -based pollutants. 4. Water Capacity/Reservoirs — Seek legislation to streamline the permitting of local water supply reservoirs without sacrificing the scientific rigor of Environmental Impact Assessment and the opportunity for public comment. 5. Yard Waste Facilities — Seek legislation clarifying that runoff from yard waste staging areas at county landfills does not require wastewater treatment. 6. Watershed Pollution Rules — Seek legislation eliminating required retrofitting by counties of existing development under rules impacting nutrient levels in existing watersheds. (See also Item #18 of Orange County's Legislative Matters Resolution) — As Stage I Adaptive Management begins in 2010, and the stakeholders await the 2014 technical report on water quality that may trigger additional nutrient reduction steps, Orange County continues to note its longstanding watershed protection efforts in this watershed prior to the 2001 baseline. The County requests that members of the North Carolina 3 General Assembly take leadership in making funding available to local governments to address the nutrient management reductions that may be required, and in particular consider the creation of a revolving fund (perhaps administered by the Clean Water Management Trust Fund) to provide starter funds for nutrient trading possibilities among the jurisdictions and public private entities. Human Services 1. Mental Health Funding — Seek legislation to ensure that state - funded mental health, developmental disability, and substance abuse services are available, accessible and affordable to all citizens and that sufficient state resources fund service provision costs inclusive of sufficient crisis beds. (See also Item #16 of Orange County's Legislative Matters Resolution) 2. Health and Social Services Funding — Support state funding to provide adequate health and social services, specifically: • assist each school system in reaching the school health nurse:student ratio of 1:750 and incorporate into the allocation formula a criterion that recognizes the level of county effort in funding school nurses. The Legislature should examine the appropriateness of the target ratio for small school districts and consider whether a target of nurse hours per day per school is a better measure of nurse availability; • restore the financial incentives for counties that opt to be "Electing Counties "; • restore funding of the Division of Emergency Preparedness and Regulatory Compliance within the county health departments to previous levels; • support additional funding for child -care subsidies and increase the administrative limit from 4 percent to 5 percent to enhance program integrity and eligibility review; • increase the "general aid to county" funding for local health departments to build necessary infrastructure and support the capacity to provide essential public health services; and, • support funding for the NC FAST automation initiative in social services. 3. Local Discretion, Inspection Fees — Support legislation that would provide greater discretion at the county level to establish fees for the inspection of food and lodging facilities. 4. Records Sharing, Communicable Diseases — Support legislation which provides immunity from civil or criminal liability to persons required to provide information and records to health officials conducting communicable disease investigations when such information is not otherwise covered by the Health Insurance Portability and Accountability Act or other federal or state law. 5. Allocation Formulas, Health and Human Services — Support a study with representative stakeholder participation to examine the county allocation formulas applied by the Department of Health and Human Services to determine the sufficiency, equity and efficiency of each formula, assuring that formulas fairly respond to the needs of all counties. Smoking Regulations — Support legislation request of Boards of County Commissioners, smoking in places of public accommodation. 11 to allow Boards of Public Health, upon to adopt a rule or regulation regulating Intergovernmental Relations 1. Transportation Funding — Oppose legislation shifting the state's existing responsibility for funding transportation construction and maintenance projects to county governments. (See also Item #15 of Orange County's Legislative Matters Resolution) 2. Modernize Annexation Laws — Support legislation modernizing the annexation laws as follows: • Requiring the development of joint utility service plans for urbanizing areas; • Requiring cities to reimburse counties for the loss of sales tax due to an annexation • Increasing the degree of urbanization required to annex property; • Requiring a referendum on proposed involuntary annexations in areas where public services — water and sewer and solid waste — are already in place; and • Requiring the direct provision of municipal water and sewer services to customers within three years of an annexation. • Providing that counties have the option of continuing to provide utilities to annexed areas. • Setting the effective date for involuntary annexations to be June 30 following the date of adoption or final resolution of an appeal. (See also Item #33 of Orange County's Legislative Matters Resolution) Orange County believes many of the issues that arise during the annexation process could be reduced or eliminated if state law encouraged or required the implementation of long - range planning agreements between towns and counties. 3. Collective Bargaining for Public . Employees — Oppose legislation authorizing local governments to enter into collective bargaining agreements with public employees, or mandating dues check -off programs. Orange County neither supports nor opposes this position. 4. Workers' Compensation Reform — Support legislation to reform North Carolina's Workers' Compensation system to reduce disability findings and open -ended streams of payment, to address the trend in favor of long -term disability findings, to diminish control over these findings on the part of claimants and their legal representatives, and to curtail adoption of rules that limit return-to -work efforts. Orange County neither supports nor opposes this position. 5. Rural Transportation Planning Organizations — Support legislation providing continued funding of rural transportation planning organizations (RPOs), enabling increased participation in transportation planning for the state's non -urban areas by local governments. Long -range transportation plans drafted by RPOs or MPOs should be 5 submitted to member boards of county commissioners for review and comment prior to being submitted to the North Carolina Department of Transportation. 6. Second Primary — Seek legislation to eliminate second primary elections. 7. Transfer of Development Rights — Support legislation to allow a county to implement TDRs as another tool to promote good land -use policy. 8. Retired County Commissioner Health Benefits — Support legislation to provide that former county commissioners are eligible to participate in health care benefits provided by county government. Agriculture 1. Fund Agricultural Research and Extension Services — Support legislation to increase funding for Agricultural research and Extension services offered through North Carolina State University and North Carolina A &T State University and to assure that existing research stations are maintained at the current level of service. Support Conservation of Working Lands and Farmland Preservation — Support efforts to promote and conserve working lands, including 1) legislation that includes horticulture, forestry and farmland as part of the state recreation and tourism plan, with emphasis on the protection and support of private working lands; 2) legislation that retains the present use value tax break for working agricultural, horticultural and forestry lands but does not further dilute its status by expanding the tax break to non - agricultural, non - working lands including non - working conservation properties; and 3) legislation to expand funding of the Agricultural Development and Farm Land Preservation Trust Fund and to create a dedicated revenue source to assure continued and stable fund maintenance. (See also Item #33 of Orange County's Legislative Matters Resolution) Orange County supports a conservation option under the Use Value Program. Orange County also supports a revision to the revenue and acreage requirements of the Use Value Program. Many operations can easily meet the revenue requirements but do not meet the minimum ten acres threshold for agricultural operations. It is suggested that a pilot program be established for several counties including Orange that reduces the acreage requirement and raises the revenue requirement from $1,000 to $5,000. The results from a pilot program could then be evaluated for implementation statewide. M Public Education 1. Public School Construction and Community College Funding — Support legislation to provide state assistance to meet public school and community college construction needs caused by increased enrollment, mandated reduction in class size, and other factors through a statewide referendum on a bond issue and/or through authority for counties to raise additional revenues to meet facility needs, and to fund expansion budget requests of the community college system to meet demands resulting from increased enrollment and to train and retrain workers responding to a changing economy. (See also Item #4 of Orange County's Legislative Matters Resolution) 2. Education Current Expense Funding — Support legislation to assure that the state define and support an adequate basic education in all local school systems and appropriate adequate operating funds to fully fund its education initiatives with revenue that is earmarked to pay the costs of those initiatives. The state should fund programs that continue to engage young people, provide individualized options that eliminate arbitrary barriers and provide students a range of opportunities through which they can gain the credentials, skills and education they need to function in the modern economy of the 21 st century. Specifically, the state should: • continue to fully fund the Low Wealth School Fund; and • appropriate funds for school resource officers on the basis of one position allotment for each middle school and high school building for all school systems across the state; • appropriate funds for career technical (vocational) education in high schools. 3. Public School Capital Building Fund — Support legislation to assure that the Public School Capital Building Fund remains intact and to direct the State Treasurer to report on longterm commitments that are dependent on this fund. Counties and schools should not be deprived of these resources as they were deprived of state support for school utility costs in 1991 -92. 4. Community College Governance — Support legislation to review the process through which members of the various boards of trustees of the several community colleges are appointed to determine whether the system provides for adequate representation from counties responsible for supporting multi - county campuses. 5. Sales Tax Refunds — Support legislation to allow public schools systems to regain access to sales tax refunds. (See also Item #3 of Orange County's Legislative Matters Resolution) EXHIBIT E 2009 Regional Legislative Agenda Triangle J Council of Governments In the North Carolina General Assembly Priority Legislative Issues for the Triangle J Council of Governments Each year the Triangle J Council of Governments revises and updates its Regional Legislative Agenda setting forth the priority legislative issues of its member local governments from across the seven - county area of Region J. This agenda has been compiled for the purpose of conveying vitally important information to the General Assembly for its review, consideration, and use as the legislature conducts its legislative session. After taking into consideration the various challenges that will be confronting the State of North Carolina during its 2009 Session, it is the intent of Triangle J that this Regional Legislative Agenda serve as an aid to the legislative delegations serving Lee, Chatham, Orange, Durham, Wake, Johnston and Moore Counties in assisting our cities, towns and counties with their legislative needs. The following information has been set forth in priority form for this purpose: VERY HIGH PRIORITIES Provide Revenue Options for Local Government: Triangle J seeks legislation that authorizes a variety of revenue options by resolution _for local governments to fund municipal and county services that confront the significant growth issues of Region J. An overarching principle is that any local government revenue source that is presently available to one or more local governments in the state should be available to all local governments uniformly throughout the state. Triangle J seeks authority for local government, on a reasonable basis, to levy local option sales taxes, use a prepared food tax, apply impact fees and/or taxes, utilize land transfer fees, allow a tax exemption method to recover municipal and county sales tax expenditures rather than a system of reimbursements, etc. Transportation Planning and Funding: Triangle J seeks legislation and funding for the myriad of multi - modal transportation needs within the region that are now in crisis. The region seeks the funding of planning and infrastructure needs associated with the Transportation Improvements Plan (TIP), Metropolitan Planning Organizations (MPO's), Rural Planning Organizations (RPO's), Powell Bill Funds, local transit authorities, and the Triangle Transit Authority. The region also supports legislation to revisit and update the state's Equity Formula to recognize growth, congestion and other factors bearing on the distribution of transportation dollars. Triangle J also supports legislation to provide for the funding of regional multi -modal planning of Region J's transportation needs, while further supporting adequate appropriations for road and bridge maintenance to maintain existing infrastructure. The region opposes the transfer of funds from the Highway Trust Fund to the General Fund and supports recovery of funds that were previously transferred. Any grant of additional or expanded authority to fund or maintain transportation programs by local governments must be accompanied by equivalent revenue authority from the State. Mental Health Crisis: Triangle J supports Mental Health Reform and seeks legislation that assures local capacity to serve the needs of these citizens. The state must support local government, both financially and statutorily, to equip itself with adequate tools for crisis intervention and appropriate housing for the mentally ill to allow their integration into local communities. Triangle J Council of Governments Mission Statement To serve as an intergovernmental organization for local elected officials that works proactively on regional issues in order to sustain and improve the quality of life for our citizens. Regional Legislative Agenda Page 2 Water Quality /Supply and Infrastructure: Triangle J supports legislation for the following water resource initiatives: • Legislation directed at managing water resources should encompass a regional approach, provide incentives for regional cooperation, and seek long -term solutions for water resource planning • Provide incentives and/or tax relief for low income households and small businesses that install water conservation devices and fixtures • Provide dedicated funding and grants for long -term water quality /supply planning and wastewater treatment needs for the region's cities, towns and counties to improve infrastructure and enable local governments to meet increasingly stringent water quality and stormwater requirements • Continued funding for the Clean Water Management Trust Fund • Passage of the one billion dollar state water bond with a prerequisite that conservation be a requirement of grant recipients • Regional councils to develop and implement multi jurisdictional water resource management planning and programs in every region of the state through the cooperation of local governments, water users, and other stakeholders. (Regional Councils will seek an appropriation of $1.4 million in 2009 and will work with DENR and other agencies to secure this funding and will support other legislation that fosters regional planning for water infrastructure.) HIGH PRIORITIES School Funding Needs: Triangle J supports legislation that establishes adequate and reliable funding of public schools in North Carolina that matches needs, resources, and mandates, along with efforts to restore the ability of school districts to receive state sales tax refunds or exemptions. The region will support legislation that reverses the existing and continuing trend of insufficient operational and capital funding for public schools, and will oppose the substitution of lottery funds for the School Capital Construction Fund (ADM). Triangle J will further seek legislation to establish a Legislative Study Commission on a phased increase in the mandatory school age limit from 16 to 18. Growth Management Strategy: Triangle J supports legislation that expands local land use tools, protects local land use authority and encourages state /regional/local cooperation to achieve sound growth rather than state mandates. The region will support the addition of local government appointees to the Legislative Oversight Committee established as a follow up to the state's Legislative Study Commission on Smart Growth, and will support the use of pilot projects as a means to demonstrate the effectiveness of incentive based planning. The local land use tools supported under such legislation would include inducements such as transfer of development rights, inclusionary zoning and housing programs, and expanded local revenue sources for community and regional infrastructure. Triangle J supports state funding for mixed income housing opportunities, environmental programs, open space /farm land, rural economic development, downtown/main street development, and other economic development incentives. Air Quality: Triangle J supports legislation to promote financial strategies for efforts that will reduce greenhouse gases, promotes clean air, and assist state and local government to meet attainment of EPA standards. The region supports linkage of air quality to growth management, transportation, and public health strategies to promote the use of alternative fuels and technology, avoid the adverse economic effects of pollution, and secure energy independence. Triangle J supports legislation that implements the "Air Quality Policy" recommended by the N.C. Joint Regional Forum, and the establishment of an Air Quality Trust Fund. Regional Legislative Agenda Page 3 Homeland Security and Regional Emergency Preparedness: Triangle J supports legislation for the following Homeland Security and Regional Emergency Preparedness initiatives: Provide planning services for homeland security on a regional basis, and the funding of city and county needs for regional emergency preparedness Leadership and affirmative action from the Governor's Office, the N.C. Division of Emergency Management, and the Department of Crime Control and Public Safety for the resources necessary to assure adequate "threat assessment ", sufficient communications capabilities, evacuation planning, the necessary training associated with Homeland Security, and implementation of the Criminal Justice Information Network (CJIN) Stronger regulatory control requiring disclosure of hazardous and toxic waste at all sites, both temporary and permanent Indigent and Uninsured Health Care Delivery Costs: Triangle J seeks legislation to establish a legislative study commission to develop recommendations on the state's health care delivery system and the needs of the uninsured population. Immigration: Triangle J supports legislation to establish a legislative study commission to develop recommendation on the effects of documented and undocumented immigration upon municipal and county services and how to address the many challenges these demands on local government services create. OTHER PRIORITIES Aging and Long Term Care Needs for the Older Population: Triangle J supports efforts to recognize the right of every North Carolina resident to have access to health care, and the restoration of Area Agency on Aging funding to the level available in 2001. Triangle J further supports legislation that: Provides support to address workforce shortages of direct care workers trained and paid to assist those in need of long term care Allow consumers to make informed decisions about nursing home placement Provides for improved access of older adults to dental care services, including support for the special care dental delivery model using mobile care units to serve long -term care facilities and senior centers Mixed Income Housing: Mixed Income housing, as an element of land use planning and growth management, is key to quality of life in the region. Triangle J supports legislation that appropriates recurring funds for the North Carolina Housing Trust Fund to provide new home ownership opportunities, along with affordable rental homes for the disadvantaged. Economic Development: Triangle J supports legislation providing for state cooperation with the region's Foreign Trade Zone activities as a link to the global trade market to assure continued economic vitality. Triangle J also supports regional transit as an important part of the region's economic development strategy. Triangle J supports legislation that creates a state policy for alternative energy job creation and independence through business incentives, and the use of North Carolina's universities and their research capabilities. Open Space: Triangle J supports funding of the state's One North Carolina Naturally Initiative, along with other open space and green space concerns, inclusive of increased funding for farm land Regional Legislative Agenda Page 4 preservation and other similar economic development activities. Triangle J supports the Land for Tomorrow Initiative and its proposal for state conservation of land and water resources. State LRO Funding: Triangle J supports legislation to increase annual funding for North Carolina's seventeen regional councils from @ $50,000 per region to $100,000 per region to carry out regional planning and economic development activities for local government. Public Duty Doctrine: Triangle J supports legislation to restore application of the "Public Duty Doctrine" to local governments. Defensive Goals and Priorities Withholding of Local Funding: Triangle J strongly opposes the withholding of local government funds to balance any shortfalls in the state budget. Franchising Authoritv: Triangle J opposes legislation to further weaken or eliminate the ability of local government to exercise franchise authority and/or interfere with the ability of local government to protect its public rights -of -way and property. Tax Assessment Authority: Triangle J supports current statutory authority allowing local governments to assess property for purposes of ad valorem taxation at full market value, therefore, negating any need for legislation that would exempt builders "inventory". Solid Waste: Triangle J opposes any legislation to further weaken the authority and/or ability of local government to operate and administer Solid Waste services. Aging: Triangle J opposes legislation to consolidate Area Agencies on Aging as proposed by the federal government. Transportation: Triangle J opposes the mandate of new Transportation Authority for local government without the necessary revenue sources to support these new responsibilities. Approved by Triangle J Legislative Committee — November 6, 2008 9ES- 0i-':� 1 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTER BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County to introduce and support the following legislative matter: 1. AN ACT TO ENABLE THE TRANSITION OF THE AREAS OF ORANGE AND ALAMANCE COUNTY ALONG THEIR COMMON BOUNDARY LINE AND TO SET A TIME BY WHICH ORANGE AND ALAMANCE COUNTY SHALL SUBMIT A FORMAL REQUEST TO THE NORTH CAROLINA GENERAL ASSEMBLY FOR THE ESTABLISHMENT OF THE OFFICIAL BOUNDARY LINE BETWEEN THE COUNTIES (Exhibit A); Upon motion of Commissioner seconded by Commissioner , the foregoing resolution was adopted this the 16th day of February, 2010. I, Donna Baker, 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 February 16, 2010 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 16th day of February, 2010. M Clerk to the Board of Commissioners Exhibit A SESSION 2010 AN ACT TO ENABLE THE TRANSITION ALAMANCE COUNTY ALONG THEIR COMMON TIME BY WHICH ORANGE AND ALAMANCE REQUEST TO THE NORTH CAROLINA ESTABLISHMENT OF THE OFFICIAL COUNTIES. 3 OF THE AREAS OF ORANGE AND BOUNDARY LINE AND TO SET A COUNTY SHALL SUBMIT A FORMAL GENERAL ASSEMBLY FOR THE BOUNDARY LINE BETWEEN THE Section 1. The historic boundary line of Orange and Alamance County was that line described in the 1849 survey and formally adopted by the North Carolina General Assembly in (1851 ?) . Throughout the 170 years since that survey the exact location of the surveyed line has become uncertain resulting in unintentional modifications to the boundary line affecting taxation, school attendance, zoning maps, etc., within and among the two counties and the Town of Mebane, North Carolina. Section 2. (a) The 1849 survey line has, in 2008, been located by survey of the North Carolina Geodetic Survey Division ( "NCGSD ") of the North Carolina Department of Environment and Natural Resources. (b) Article VII Section I of the Constitution of the State of North Carolina states `'The General Assembly shall provide for the organization and government and the fixing of boundaries of counties.." (c) Orange 'and Alamance Counties agree with and wish to recommend the General Assembly fix and adopt approximately sixty -one percent of the 2008 NCGSD survey line as the official boundary line between the Counties. (d) Orange and Alamance County and the Town of Mebane desire to survey and modify approximately thirty -nine percent of the 2008 NCGSD survey line, said thirty -nine percent to be modified in accordance with local values and principles, and to then formally submit to the 2011 Session of the General Assembly an agreed upon boundary line for fixation and adoption. (e) Any modification that may be made in the line submitted to the General Assembly as set out in Section 2(d) shall only impact properties adjacent to or split by the 2008 NCGSD survey 0 line and when possible existing surveyed boundary lines will be used to determine the recommended final boundary line. Section 3. (a) Orange and Alamance County shall, with cooperation and input from the Town of Mebane, agree to modifications to the 2008 NCGSD survey line that reflect local values and principles. (b) The currently utilized boundary of Orange and Alamance County shall remain in effect for all purposes including taxation, school attendance, land use controls, voter registration, and any other governmental function, until June 30, 2011 or until such time as the General Assembly shall act upon the fixation and adoption of the boundary line of Orange and Alamance County. (c) The elected and appointed officials and employees of Orange and Alamance County shall incur no liability under any North Carolina Statute, Rule, or Regulation for any act or failure to act relating to taxation, school attendance, land use controls, voter registration, or any other governmental function as it relates to the currently utilized boundary line of Orange and Alamance County. (d) Orange and Alamance County shall, no later than February 1, 2011, submit to the General Assembly an agreed upon boundary line that reflects local values and principles and that each County and the Town of Mebane agree shall be the official boundary line to be fixed and adopted by the General Assembly in the 2011 Session.