HomeMy WebLinkAboutAgenda - 02-01-2011 - 6bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 1, 2011
Action Agenda
Item No. F,p - b
_SUBJECT: Orange Coun 's Proposed 2011 Le islative Agenda
DEPARTMENT: County Commissioners
PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
1) Public Hearing Notice
UNDER SEPARATE COVER
2) Three Proposed Orange County 2011
Legislative Matters Resolutions and
Exhibits -Hunting Deer with Dogs,
Orange-Alamance County Line, and
Commissioners' Disclosure
3) One Proposed Orange County 2011
Legislative Matters Resolution on
Statewide Issues
INFORMATION CONTACT:
Commissioner Bernadette Pelissier, 245-
2130
Commissioner Barry Jacobs, 245-2130
4) Proposed "Items of Interest" and "Areas
of Support" Documents
5) NCACC 2011-12 Adopted Legislative
Goals
PURPOSE: To:
1) Conduct a public hearing on Orange County's potential legislative items for
the 2011 North Carolina General Assembly Session;
2) Review and discuss potential items for inclusion in Orange County's
legislative agenda package for the 2011 North Carolina General Assembly
Session;
3) Approve three proposed legislative matters resolutions with exhibits -
Hunting Deer with Dogs, Orange-Alamance County Line, and
Commissioners' Disclosure;
4) Approve one proposed legislative matters resolution on Statewide Issues;
5) Approve the proposed "Items of Interest" and "Areas of Support" documents
as part of the County's 2011 Legislative Agenda package; and
6) Consider identifying three to five specific items from the entire package to
highlight for priority discussion at the February 28, 2011 meeting with Orange
County's legislative delegation.
BACKGROUND: The North Carolina General Assembly convened on Wednesday, January 26,
2011. 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
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Assembly sessions. Commissioners Bernadette Pelissier and Barry Jacobs are serving on the
2011 LIWG and have worked with staff on the proposed 2011 legislative package which is
attached.
At its January 20, 2011 regular meeting, the Board approved an item on the Consent agenda
authorizing a public hearing on Orange County's proposed 2011 legislative agenda during
tonight's regular meeting (see attached public hearing notice which was published in six
different local newspapers). Notice of the public hearing was also posted on the County's
website for approximately the last ten days.
After conducting the public hearing on the County's proposed 2011 legislative package items,
the Board will likely want to review and discuss those items and any other items as may be
addressed during the public hearing. The Board will then need to consider the legislative
matters resolutions with exhibits and other documents based on the public hearing and Board
discussion.
The first three legislative matters resolutions, with draft bills attached as exhibits, relate to
Hunting Deer with Dogs, the Orange-Alamance County Line, and Commissioners' Disclosure. It
should be noted as the BOCC considers the Orange-Alamance County Line resolution and draft
bills that staffs from both counties are still reviewing the bills' language and that the Alamance
County Board of Commissioners has not taken any action regarding these draft bills.
The fourth legislative matters resolution for Board consideration addresses statewide issues,
and the last two documents - "Items of Interest" and "Areas of Support" -detail issues that the
LIWG thought should be noted due to their overall significance and/or interest to Orange
County.
Lastly, in preparation for its February 28, 2011 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 2011 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.
For reference purposes, staff has attached the North Carolina Association of County
Commissioners (NCACC) 2011-12 Adopted Legislative Goals. Some of the items in the draft
2011 legislative package generally coincide with NCACC's goals and those items are noted in
the package accordingly.
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 FY2010-11
budget.
RECOMMENDATION(S): The Manager recommends the Board:
1) Conduct a public hearing on Orange County's potential legislative items for
the 2011 North Carolina General Assembly Session;
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2) Review and discuss potential items for inclusion in Orange County's
legislative agenda package for the 2011 North Carolina General Assembly
Session;
3) Approve three proposed legislative matters resolutions with exhibits -
Hunting Deer with Dogs, Orange-Alamance County Line, and
Commissioners' Disclosure;
4) Approve one proposed legislative matters resolution on Statewide Issues;
5) Approve the "Items of Interest" and "Areas of Support" documents as part of
the County's 2011 Legislative Agenda package; and
6) Consider identifying three to five specific items from the entire package to
highlight for priority discussion at the February 28, 2011 meeting with Orange
County's legislative delegation.
Attachment 1
ORANGE COUNTY BOARD OF COMMISSIONERS
PUBLIC HEARING NOTICE
FOR
Tuesday, February 1, 2011 at 7:00 p.m.
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A public hearing will be held on Orange County's potential legislative agenda for the 2011 North
Carolina General Assembly Session. The issue areas to be addressed include:
Hunting Deer with Dogs Orange-Alamance County Line Commissioners Disclosure
Revenue and Taxation Transportation Responsibility Bio-Solids Disposal
Energy Efficiency Broadband Service Environment
Court Facility Fees Electronic Public Notice E-911 Funds
Mental Health Agriculture
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 1, 2011 at the Department of Social Services Center at 113 Mayo Street in Hillsborough
beginning at 7:00 p.m. If you need additional information, please call Greg Wilder at 245-2300.
DRAFT Attachment 2
RES - 2011 - 008
NORTH CAROLINA
ORANGE COUNTY
1
RESOLUTION REGARDING
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 PROHIBIT THE HUNTING OF DEER WITH DOGS IN
ORANGE COUNTY (Exhibit A).
Upon motion of Commissioner seconded by
Commissioner the foregoing resolution was adopted
this the 1st day of February, 2011.
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 1, 2011 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 1st day of
February, 2011.
Exhibit A
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S
Short Title: Orange Co./No Deer Hunting With Dogs.
BILL DRAFT 2011-LL-20 [v.3] (01/04)
(THIS IS A DRAFT AND IS NOT READY FOR INTRODUCTION)
1/25/2011 11:03:35 AM
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D
(Local)
Sponsors: Senator Kinnaird.
Referred to:
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A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE HUNTING OF DEER WITH DOGS IN ORANGE COUNTY.
The General Assembly of North Carolina enacts:
SECTION 1. It is unlawful to hunt deer or attempt to take deer with the aid of dogs
at any time.
SECTION 2. Violation of this act is a Class 3 misdemeanor.
SECTION 3. This act is enforceable by law enforcement officers of the Wildlife
Resources Commission, by sheriffs and deputy sheriffs, and by peace officers with general
subject matter jurisdiction.
SECTION 4. This act applies only to Orange County.
SECTION 5. This act becomes effective October 1, 2011, and applies to acts
committed on or after that date.
immnim~un
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DRAFT
RES - 2011 - 009
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 to introduce and
support the following legislative matters:
1. AN ACT TO ESTABLISH NINETY-ONE PERCENT (91%) OF THE
COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE
COUNTY (Exhibit A); and
2. AN ACT TO AUTHORIZE ALAMANCE COUNTY AND ORANGE COUNTY
TO RECOMMEND THE LOCATION OF NINE PERCENT (90) OF THE
COMMON BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE
COUNTY (Exhibit B).
Upon motion of Commissioner
seconded by
Commissioner the foregoing resolution was adopted
this the 1st day of February, 2011.
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 1, 2011 as relates in any
way to the adoption of the foregoing and that said proceedings
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are recorded in Minute Book No. of the minutes of said
Board.
WITNESS my hand and the seal of said County, this 1St day of
February, 2011.
Clerk to the Board of Commissioners
Ezhibit A
BILL DRAFT 2011
1 AN ACT TO ESTABLISH NINETY-ONE PERCENT (91%) OF THE COMMON
2 BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY
3 SUBSEQUENT TO THE 2010/2011 RESURVEY OF THE HISTORIC ORANGE COUNTY
4 ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE 1849 SURVEY
5 ESTABLISHING ALAMANCE COUNTY
6 The General Assembly of North Carolina enacts:
7 SECTION 1. The historic boundary line forming Alamance County from Orange
8 County was described and surveyed in 1849. In the subsequent 160 years, this line became
9 uncertain resulting in unintentional modifications to the boundary line affecting taxation,
10 school attendance, zoning maps, and elections, within and among Alamance County, Orange
11 County and the Town of Mebane, North Carolina. Pursuant to NC Gen. Stat.153A-18(a)
12 entitled `Uncertain or Disputed Boundary', both county commissions passed resolutions
13 (Alamance County, December 17, 2007 and Orange County, January 18, 2008) to request that
14 North Carolina Geodetic Survey (NCGS) perform a preliminary re-survey and present a
15 proposed map for consideration by both counties.
16 SECTION 2. The Alamance County Board of Commissioners agreed, by vote on April
17 21, 2008 and Orange County on May 20, 2008 to approve authorizing NCGS to conduct the
18 preliminary survey and the placing of monuments by NCGS consistent with their research to
19 form a boundary baseline. On July 8, 2010 the North Carolina General Assembly enacted
20 Session Law 2010-61, which enabled Alamance County and Orange County to transition
21 properties between the two counties for the purpose of recommending to the North Carolina
22 General Assembly a mutually agreed upon boundary line between the two counties.
23 SECTION 3. Section 3 of Session Law 2010-61 is Amended as follows: In the 160
24 years since the initial survey of the Alamance County Orange County Boundary Line
25 Alamance and Orange County have entered multiple taxing agreements, which have resulted in
26 properties being taxed in one county by the adjoining county. Other situations have arisen in
27 which children of one county attend school in the adjoining county and voters in one county
28 have voted in the adjoining county. The General Assembly recognizes the difficulties in
29 addressing these issues and authorizes Alamance County and Orange County to maintain the
30 current taxing, elections, education and any other recognized government function in place
31 until July 1, 2012.
32 SECTION 4. Section 4 of Session Law 2010-61 is Amended as follows:
33 SECTION 4.(a) On and after July 1, 2011, all papers, documents, and
34 instruments required or permitted to be filed or registered, involving residents and property in
35 areas affected by the resurvey of the boundary line, which previously may have been recorded
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1 in the adjoining counties shall be recorded in the county to which the property has been
2 reassigned by this Act.
3 SECTION 4.(b) All public records related to residents and property in areas
4 affected by the resurvey of the boundary line, which were filed or recorded prior to July 1,
5 2011, in the adjoining counties, shall remain in those respective adjoining counties where filed
6 or recorded, and such records shall be valid public records as to the property and persons
7 involved even though they are recorded in an adjoining county which is, a county where the
8 property is no longer located as evidenced by the 2008 North Carolina Geodetic Survey and the
9 subsequent partial resurvey pursuant to section 7 of this act.
10 SECTION 4.(c) On and after July 1, 2012, all real and personal property in areas
11 affected by the resurvey of the boundary line, which was subject to ad valorem Nation on
12 January 1, 2012, shall be subject to ad valorem taxes in the county to which the property is
13 reassigned for the fiscal year beginning July 1, 2012, to the same extent as it would have been
14 had it been correctly recognized by the tax departments of each county on January 1, 2012,
15 except as hereinafter provided with respect to classified registered motor vehicles. On July 1,
16 2011, the adjoining County Tax Administrators shall transfer to the respective County Tax
17 Assessors the ad valorem tax listings and valuations for all real and personal property subject to
18 ad valorem taxation in areas affected by the resurvey of the boundary line except classified
19 motor vehicles which were registered in the adjoining counties prior to July 1, 2011. For the
20 fiscal year which begins July 1, 2011, all real and personal property in areas affected by the
21 resurvey of the boundary line, which was subject to ad valorem taxation in that area on January
22 1, 2012, shall be assessed and taxed as follows:
23 (1) The ad valorem property taxes assessed on all classified registered motor
24 vehicles registered or listed in adjoining counties between January 1, 2011,
25 and March 1, 2012, shall be collected by the appropriate adjoining county
26 tax collector and all such taxes shall be retained by that adjoining county.
27 The taxes on all classified registered motor vehicles registered after March 1,
28 2012, shall be assessed and collected by the County Tax Department in the
29 county to which the real property wherein the classified registered motor
30 vehicles are situated has been reassigned.
31 (2) The values established by the particular adjoining County Tax Administrator
32 on all personal property other than classified registered motor vehicles shall
33 be used by the each County Tax Assessor without adjustment in computing
34 taxes due for the fiscal year beginning July 1, 2012. All such taxes shall be
35 assessed and collected by the appropriate County Tax Department.
36 (3) For the interim time period between the reassignment of properties into their
37 respective counties and until such time as the next regularly scheduled
38 revaluation period, Alamance County and Orange County may select either
39 of two methods of valuating the property reasigned into their respective
40 counties by this act. The selection of either method by a County shall not
41 give any individual or entity grounds for challenging such temporary
42 valuation. Such methods are delineated as follows:
43 a. The values established by the adjoining County Tax Administrators
44 on all real property formerly taxed in their county shall be adjusted
45 by the appropriate County Tax Assessor by applying the difference
46 between one hundred percent (100%) of such values and the
47 appropriate County median ratio, as established by the Sales
48 Assessment Ratio Study compiled by the North Carolina Department
49 of Revenue as of January 1, 2009. The taxes determined by applying
50 this method will be collected and retained by the appropriate County
51 Tax Collector. The value of such property shall then be revalued
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1 according to the regularly scheduled revaluation period for each
2 County.
3 b. The values established by the adjoining County Tax Administrators
4 on all real property formerly taxed in their county shall be adopted by
5 the appropriate County Tax Assessor upon the transition of property
6 to the adjoining County. The valuation of such property shall then be
7 revalued according to the regularly scheduled revaluation period for
8 each County.
9 (4) Beginning January 1, 2013, all property in areas affected by the resurvey of
10 the boundary line, which is subject to ad valorem taxation shall be listed,
11 assessed, and taxed by the appropriate County Tax Administrator in the
12 same manner as is prescribed by law for .all other property located within
13 each County.
14 (5) The final tax values of property subject to ad valorem taxation in areas
15 affected by the resurvey of the boundary line as of January 1, 2013, shall be
16 determined by the adjoining County Tax Administrator. Appeals to the
17 North Carolina Properly Tax Commission or to the courts by property
18 owners of properties affected by the boundary line change shall be defended
19 by both counties and both counties shall be responsible for their costs and
20 expenses, including attorneys' fees, incurred in connection with such
21 appeals.
22 (6) Any unpaid taxes or tax liens for the fiscal year ending June 30, 2012, or for
23 prior years on property subject to taxation in areas affected by the resurvey
24 of the boundary line shall continue to be valid and enforceable by the
25 respective adjoining county, including the foreclosure remedies provided for
26 in G.S. 105-374 and G.S. 105-375,' and the remedies of attachment and
27 garnishment provided for in G.S. 105-366 through G.S. 105-368. The
28 Alamance County and Orange .County Tax Administrators shall supply one
29 another with a list of unpaid taxes for the tax year 2011. on or beforeJuly 1,
30 2012. Any such taxes collected by either county shall be promptly paid to
31 the appropriate adjoining county including accrued interest. The provisions
32 of G.S. 105-352 (d) shall not apply to: Those areas in adjoining county
33 previously taxed by either County outside the axeas affected by the resurvey
34 of the boundary line, that shall forthwith be properly listed and taxed in the
35 county to which they have been reassigned by this Act; and those areas
36 within each county that were in the past improperly listed and taxed by the
37 adjoining counties due to uncertainty as to the exact location of the true
38 historic Alamance County Orange County boundary line.
39 SECTION 4.(d) Na cause of action, including criminal actions, involving persons
40 or property in areas affected' by the resurvey of the boundary line which is pending on July 1,
41 2012, shall be abated, and such actions shall continue in the appropriate adjoining county.
42 SECTION 4.(e) The Board of Elections of each adjoining county shall effective
43 July 1, 2012, transfer the voter registration records pertaining to persons residing in areas
44 affected by the resurvey of the boundary line and located in either county to the adjoining
45 county's Board of Elections, and thereafter the registered voters so transferred shall be validly
46 registered to vote in that adjoining county.
47 SECTION 4.(f) The Jury Commission of each adjoining county shall revise its jury
48 lists to add to or eliminate therefrom those persons subject to jury duty who reside in areas
49 affected by the resurvey of the boundary line, said revised jury lists to be effective July 1, 2012.
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1 SECTION 5. Any properties subject to taxation under NC Gen. Stat. §105-274 which
2 were taxed by both the Alamance County and Orange County taxing authorities on or after
3 January 1, 2007 are hereby granted the following relief:
4 SECTION 5 (a). Property owners of any such dually taxed properties may, pursuant to
5 the terms of NC Gen. Stat. §105-381, demand refund and/or release of taxes paid to the county
6 from which their property, or portion thereof, was transitioned.
7 SECTION 5 (b). Any claim for relief pursuant to this Section and under the terms of
8 NC Gen. Stat. 105-381 may be made for taxes assessed January 1, 2007 through December 31,
9 2011. All such claims for relief must be made in writing to the county from which the affected
10 property was transitioned on or before February 28, 2012.
11 (1) Should a claim for relief pursuant to this Section not be made by
12 February 28, 2012 such claim is waived and no further relief shall be
13 granted pursuant to this or any other Act.
14 (2) Alamance County and Orange County shall not grant refunds or
15 releases pursuant to this Section for any claims made after February
16 2$, 2012 and are released from all liability for any such claims made
17 for any act or failure to act pursuant to this Section.
18 SECTION 5 (c). The provisions of this Section shall apply only to properties
19 transitioned from one county to the other, in whole or in part, pursuant to SL 2010-61 and this
20 Act. Claims for relief brought under this section shall not unreasonably be denied.
21 SECTION 5 (d). For purposes of this section only, the term property owner shall
22 include any builder or developer which paid property taxes on real property to both counties
23 and subsequently sold said property or which, as part of an escrow agreement in which the
24 buyer of such property paid taxes to one county and the builder or developer who sold the
25 property, paid taxes on the same piece of property to the adjoining county.
26 SECTION 5 (e). The taxing authorities of Alamance County and Orange County shall
27 notify property owners affected by this Section of the terms of this Section within 30 days of
28 ratification of this Act. Such Notice shall be by United States Mail at the mailing address to
29 which any tax bills were previously submitted. No other notice is or shall be required.
30 SECTION 6. Section 6 of SL 2010-61 is amended as follows: Any child who was a
31 resident of any area reassigned by this act on its date of ratification and who was a student in
32 the Orange or Alamance school system during the 2009-2010 or 2010-2011 or 2011-2012
33 school year, and the siblings of any such person, may attend school in the same school system
34 as their siblings without necessity of a release or payment of tuition. Any such student, while
35 attending the Orange County school system, shall be considered a resident of Orange County
36 for all public school purposes, including transportation, athletics, and funding formulas. Any
37 such student, while attending the Alamance County School system, shall be considered a
38 resident of Alamance County for all public school purposes, including transportation, athletics
39 and funding formulas. Notice must be given to all affected school systems by the parent or
40 guardian in order to exercise the privilege granted by this section.
41 SECTION 7. The establishment of a county boundary line is, pursuant to Article VII
42 Section 1 of the North Carolina Constitution, the sole responsibility of the North Carolina
43 General assembly. Further, it is vital to the State of North Carolina and all affected local
44 governments that county boundary lines be fixed and any uncertainty as to the location of
45 county boundary lines be resolved. For this reason and in the interest of justice neither
46 Alamance County nor Orange County, nor any agent, employee, or appointed or elected
47 official, shall be liable to any individual, group, organization, for profit or not for profit
48 business entity of any kind, governmental entity or agency of any type or kind, for any
49 damages, costs, fees or fines, and no court action shall be maintained against said officials,
50 employees and agents, for any recommendation, act, failure to act, or conduct related to SL
51 2010-61 or this Act and/or the adoption of a fixed boundary line separating the two counties.
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1 Except as set out in Section 5 above, and effective upon ratification of this Act, Alamance
2 County and Orange County, their officials, employees and agents, are released from all liability
3 for any claims made, and no court action shall be maintained against said officials, employees
4 and agents, for any act or failure to act pursuant to the terms of this Act or SL 2010-61 and no
5 further relief shall be granted or cause of action sustained except as provided herein.
6 SECTION 8. Section 8 of SL 2010-61 is amended as follows: Alamance County and
7 Orange County shall cause areas of the boundary line to be resurveyed in areas where property
8 owners have met the established administrative criteria to be assigned to a specific county, but
9 shall not bear the cost of such resurveys.
10 SECTION 9. Except as Amended herein, SL 2010-61 shall continue in full force and
11 effect save and except those provisions which may conflict with this Act. Any provisions of
12 SL 2010-61 that conflict with any provision of this Act shall be void and the provisions of this
13 Act shall control.
14 SECTION 10. Pursuant to Article VII Section 1 of the North Carolina Constitution
15 any boundary line between Alamance County and Orange County previously surveyed,
16 recognized, adopted, described, utilized or ratified is dissolved upon ratification of this Act.
17 SECTION 11. Pursuant to Article VIL Section 1 of the North Carolina Constitution
18 approximately ninety-one percent (91 %) of the official boundary line between Alamance
19 County and Orange County as shown in Exhibit "A" attached hereto is hereby formally
20 recognized and adopted by the North Carolina General Assembly.
21 SECTION 12. This act becomes effective when ratified.
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Exhibit B
BILL DRAFT 2011
1 AN ACT TO AUTHORIZE ALAMANCE COUNTY AND ORANGE COUNTY TO
2 RECOMMEND. THE LOCATION OF NINE PERCENT (9%) OF THE COMMON
3 BOUNDARY BETWEEN ALAMANCE COUNTY AND ORANGE COUNTY
4 SUBSEQUENT TO THE 2010/2011 RESURVEY OF THE HISTORIC ORANGE COUNTY
5 ALAMANCE COUNTY BOUNDARY LINE AS DESCRIBED IN THE 1849 SURVEY
6 ESTABLISHING ALAMANCE COUNTY
7 The General Assembly of North Carolina enacts:
8 SECTION 1. The historic boundary line forming Alamance County from Orange
9 County was described and surveyed in 1849. In the subsequent 160 years, this line became
10 uncertain resulting in unintentional modifications to the boundary line affecting taxation,
11 school attendance, zoning maps, and elections, within and among Alamance County, Orange
12 County and the Town of Mebane, North Carolina. Pursuant to NC Gen. Stat.153A-18(a)
13 entitled `Uncertain or Disputed Boundary', both` county commissions passed resolutions
14 (Alamance County, December 17, 2007 and Orange County, January 18, 2008) to request that
15 North Carolina Geodetic Survey (NCGS) perform a preliminary re-survey and present a
16 proposed map for consideration by both counties.
17 SECTION 2. The Alamance County Board of Commissioners agreed, by vote on April
18 21, 2008 and Orange County. on May 20, 2008 to approve authorizing NCGS to conduct the
19 preliminary survey and the placing of monuments by NCGS consistent with their research to
20 form a boundary baseline. On July 8, 2010 the North Carolina General Assembly enacted
21 Session Law 2010-61, which enabled Alamance County and Orange County to transition
22 properties between the two. counties'' for the purpose of recommending to the North Carolina
23 General Assembly a mutually agreed upon boundary line between the two counties.
24 SECTION 3. Following an extended process pursuant to the terms of Session Law
25 2010-61 Alamance County. and Orange County Have agreed upon and have recommended the
26 North Carolina General Assembly, through separate Local Act, establish and adopt ninety-one
27 percent (91%) of the boundary line separating Alamance County and Orange County.
28 SECTION 4. The Alamance County and Orange County Boards of Commissioners
29 require further time to determine the most appropriate location of the final nine percent (9%) of
30 the boundary line separating Alnmance County and Orange County in order to make a final
31 recommendation to the North Carolina General Assembly. A description of the nine percent
32 (9%) area is attached as Exhibit A to this Act.
33 SECTION 5. The Alamance County and Orange County Boards of Commissioners are
34 authorized to review the remaining nine percent (9%) of the boundary separating the two
35 counties and shall determine, in their discretion, the most appropriate location for a boundary
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line separating the two counties along the remaining nine percent (9%) of the boundary area.
The Boards of Commissioners shall make the determination of the most appropriate location
for a boundary line on or before October 31, 2011.
SECTION 5 (a). Alamance County and Orange County shall cause areas within the
nine percent (9%) of the boundary area to be surveyed for purposes of locating a boundary line.
The counties shall not be responsible for the costs of such surveys where owners of property
located within the remaining nine percent (9%) of the boundary area request their property, or
any portion thereof, be located within a specific county. All such surveys shall be completed
by January 31, 2012.
SECTION 5 (b). The Alamance County and Orange County Boards of Commissioners
shall, during the 2012 short session, submit a recommendation in the form of a local bill to the
North Carolina General Assembly for the location of a final boundary line along the remaining
nine percent (9%) of the area separating the two counties.
SECTION 5 (c). All owners of property within the remaining nine percent (9%) of the
boundary area shall be notified in writing via United States Mail First Class not less than 30
days prior to a public hearing to be conducted
SECTION 5 (b). Any such owners of property shall have the right to address the
Alamance County and Orange County Boards of Commissioners regarding the status of their
property located within the nine percent (9%) area, as that status relates to the Alamance
County Orange County boundary, at any regularly scheduled Regular Public Meeting, at which
public comment is traditionally accepted, of the Alamance County Board of Commissioners or
the Orange County Board of Commissioners.
SECTION 6. Any child who was a resident of any area reassigned by this act on its
date of ratification and who was a student in the Orange or Alamance school system during the
2009-2010 or 2010-2011 or 2011-2012 school year, and the siblings of any such person, may
attend school in the same school system as their siblings without necessity of a release or
payment of tuition. Any such student, while attending the Orange County school system, shall
be considered a resident of Orange County for all public school purposes, including
transportation, athletics, and funding formulas. Any such student, while attending the
Alamance County School system, shall be considered a resident of Alamance County for all
public school purposes, including transportation, athletics and funding formulas. Notice must
be given to all affected school systems by the parent or guardian in order to exercise the
privilege granted by this section.
SECTION 6 (a). The Alamance County Board of Education shall cooperate with the
Orange County Board of Education, on behalf of residents that have students affected by this
Act to ensure that a transition is made that provides students and their siblings with a choice to
remain in their current school system until graduation from high school for so long as they
reside in the residence affected by this Act.
SECTION 7. The establishment of a county boundary line is, pursuant to Article VII
Section 1 of the North Carolina Constitution, the sole responsibility of the North Carolina
General assembly. Further, it is vital to the State of North Carolina and all affected local
governments that county boundary lines be fixed and any uncertainty as to the location of
county boundary lines be resolved. For this reason and in the interest of justice neither
Alamance County nor
official, shall be liable
Orange County, nor any
to any individual, group,
business entity of any kind, governmental entity or agency of any type or kind, for any
damages, costs, fees or fines, and no court action shall be maintained against said counties,
agents, employees, or officials, for any recommendation, act, failure to act, or conduct related
to SL 2010-61, any pending Local Bill, which subsequently becomes law, related to the
location of the Alamance County Orange County Boundary Line, this Act, or the adoption of a
fixed boundary line separating the two counties. Effective upon ratification of this Act,
agent, employee,
organization, for
or appointed or elected
profit or not for profit
11
2
1 Alamance County and Orange County, their officials, employees and agents, are released from
2 all liability for any claims made, and no court action shall be maintained against said counties,
3 officials, employees and agents, for any act or failure to act pursuant to the terms of this Act or
4 SL 2010-61 and no further relief shall be granted or cause of action sustained except as
5 provided herein.
6 SECTION 8. Pending the establishment of a final boundary line separating Alamance
7 County and Orange County the two counties shall maintain, in the nine percent (9%) boundary
8 area, the currently recognized boundary line for all governmental purposes including, but not
9 limited to, taxation, elections, emergency services, zoning and education.
10 SECTION 9. This Act becomes effective when ratified.
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DRAFT
RES - 2011 - O10
NORTH CAROLINA
ORANGE COUNTY
RESOLUTION REGARDING
LEGISLATIVE MATTER
BE IT RESOLVED by the Board of County Commissioners of
Orange County that the Board hereby requests; because Orange
County has adopted a Code of Ethics .regulating the conduct of
its Board of Commissioners and because the Code of Ethics
contains substantially similar disclosure requirements as an
existing Local Act, the Senator and Representatives representing
Orange County to introduce and support the following legislative
matter:
1. AN ACT TO REPEAL TITLE VII OF SESSION LAW 1987-460
REGARDING THE DISCLOSURE OBLIGATIONS OF THE
COMMISSIONERS OF THE ORANGE COUNTY BOARD OF
COMMISSIONERS (Exhibit A).
Upon motion of Commissioner seconded by
Commissioner the foregoing resolution was adopted
this the 1st day of February, 2011.
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 1, 2011 as relates in any
14
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 1st day of
February, 2011.
Clerk to the Board of Commissioners
15
Exhibit A
BILL DRAFT 2011
j A BILL TO BE ENTITLED
2 AN ACT TO REPEAL TITLE VII OF SESSION LAW 1987-460 REGARDING THE
3 DISCLOSURE OBLIGATIONS OF THE COMMISSIONERS OF THE ORANGE
4 COUNTY BOARD OF COMMISSIONERS.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. Pursuant to the mandate of N.C.G.S. §160A-86 requiring local
7 governing boards adopt a Code of Ethics by December 31, 2010, the Orange County Board of
8 Commissioners adopted a Code of Ethics on June 1, 2010.
9 SECTION2. Included in the adopted Code of Ethics are disclosure requirements
10 for the Orange County Commissioners substantially similar to those mandated by Session Law
11 1987-460.
12 SECTION 3. It being unduly burdensome to Orange County to be the sole North
13 Carolina County subject to disclosure requirements both pursuant to a local act and a Code of
14 Ethics, Title VII, containing sections 19-26, of Session Law 1987-460 is repealed.
15 SECTION 4. This act becomes effective when ratified.
DRAFT Attachment 3
RES - 2011 - Oll
NORTH CAROLINA
ORANGE COUNTY
1
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
positions on legislation regarding the following Statewide
matters:
1) * Revenue Options for Local Government - Support
legislation that authorizes any local government to
enact any revenue source that is presently available to
one or more local governments in the state. Local
governments have experienced significant budget cuts in
recent years. Providing flexibility regarding revenue
options to fund local government services will allow
local governments to tailor their respective funding
plans based on individual needs and goals;
2) * County Responsibility for Roads - Oppose legislation
shifting the state's existing responsibility for
funding transportation construction and maintenance
projects to county governments. However, if the
responsibility or the sharing of responsibility for
2
secondary road improvements and/or the maintenance of
roads is required of 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;
3) * Bio-solids Disposal - Support legislation which
provides county governments some opportunity to
regulate and/or have input into, but not prohibit, bio-
solids application activities, including the acceptable
"classes" of bio-solids for application and the
prohibition of bio-solids application in certain
environmentally sensitive areas such as critical
watersheds. The appropriate application of bio-solids
for agricultural use should be allowed with counties
playing a role in the process;
4) Energy Efficiency Standards in Local Building Codes -
Support changes in State law to allow local governments
to include standards for energy efficiency in local
3
building codes that are higher than those contained in
the State Building Code;
5) * Broadband - Support legislation, funding, and other
efforts 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 opposes legislation
limiting local governments' efforts to provide
broadband and 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;
6) 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
4
fully restore public schools' access to sales tax
refunds.
* This item generally coincides with a similar North Carolina Association of
County Commissioners (NCACC) 2011-12 Legislative Goal.
Upon motion of Commissioner seconded by
Commissioner the foregoing resolution was adopted
this the 1st day of February, 2011.
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 1, 2011 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 2011.
Clerk to the Board of Commissioners
DRAFT Attachment 4
ITEMS OF INTEREST
1
Forestry Notification
Property owners currently do not receive any notification
of impending forestry activities planned for adjoining
properties. Orange County believes the State should at a
minimum implement a courtesy notification process for
adjoining property owners.
Machinery Act
North Carolina property tax law substantially limits the
ability of local governments to address property tax
discrepancies, such as prohibiting the refund of prior
years' taxes paid after a measurement and/or condition
property appraisal error is discovered. Orange County
believes that local governments need more flexibility to
remedy such errors. Just as local governments can recoup
prior years' property taxes from owners for "discoveries",
local governments should likewise be authorized to refund
prior years' taxes paid when situations such as measurement
and/or condition property appraisal errors are discovered.
Homestead Exemption
Orange County believes Homestead Exemption provisions of
the Machinery Act should be reformed to:
1) provide greater opportunities for low-income
seniors to remain in their homes and not be
displaced due to property tax burdens;
2) eliminate the discriminatory features of the
exemption provisions relating to couples; and
3) address the ineffectiveness of the exemption
provisions in communities where property values
increase at substantial rates over short periods
of time.
* 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. As court fees and jail housing
fees are reduced, Orange County believes counties should be
authorized to raise Court Facility Fees to help fund
2
capital or debt service needs associated with ever-
increasing judicial activities.
Open Burning/Burning Permits
Orange County believes the statutes (NCGS 113-60.31)
related to open burning should be amended to:
1) 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
2) grant local governments the authority to prohibit
open burning in the absence of a State
declaration of a hazardous condition since local
fire authorities are best suited to assess local
conditions and determine the best courses of
action related to burning activities.
* Electronic Advertising as Additional Means of Public
Notice
Orange County believes legislation should be considered
which provides electronic means as an additional authorized
option for legal notices.
Herbicide Use Limitations for Right of Way Maintenance
Orange County supports legislation that would further
regulate or prohibit the use of herbicides for the clearing
and maintenance of easements and rights of way by
utilities.
* This item generally coincides with a similar North Carolina
Association of County Commissioners (NCACC) 2011-12 Legislative Goal.
DRAFT
AREAS OF SUPPORT
3
E-911 Funds - Orange County appreciates past efforts and
supports future initiatives to expand the uses for these funds
within the public safety disciplines related to emergency
communications and Emergency Medical Services.
* Mental Health - Orange County supports stable and secure
funding for mental illness, development disabilities, and
substance abuse treatment systems Statewide, and especially
supports efforts and funds to enhance community-based
initiatives..
Land, Water and Agricultural Preservation Funding - Orange
County supports the safeguarding of Park, Agricultural
Preservation, Clean Water and other existing trust funds
established for the protection of the State's land, water,
agriculture, and special places before they are irreversibly
lost.
* Agriculture - Support Conservation of Workinc Lands and
Farmland Preservation - Orange County supports a conservation
option under the Use Value Program and a revision to the revenue
and acreage requirements of the Use Value Program to address
operations that meet the revenue requirements, but do not meet
the minimum ten acres threshold for agricultural operations.
Sustainable Communities - Orange County appreciates efforts
during the 2010 General Assembly Session to establish the North
Carolina Sustainable Communities Task Force and associated Grant
Fund and supports future efforts to move these initiatives
forward.
* This item generally coincides with a similar North Carolina Association of
County Commissioners (NCACC) 2011-12 Legislative Goal.
Attachment 5
NORTH CAROLINA ASSOCIATION OF COUNTY
COMMISSIONERS (NCACC)
2011-12 LEGISLATIVE GOALS
Top Five Priority Goals
1. Oppose Shift of State Transportation Responsibilities to Counties -Oppose legislation
to shift the state's responsibility for funding transportation construction and
maintenance projects to counties.
2. Reinstate ADM and lottery funds for school construction -Seek legislation to fully
reinstate the Average Daily Membership funds and Lottery proceeds to the Public
School Building Capital Fund.
3. Ensure adequate mental health funding
• Seek legislation to ensure adequate capacity of state-funded acute psychiatric
beds.
• Oppose legislation to close state-funded beds until there is adequate capacity
statewide.
• Seek legislation to maintain the existing levels of state funding for community
mental health services.
4. Preserve the existing local revenue base.
5. Authorize local revenue options -Seek legislation to allow all counties to enact by
resolution or, at the option of the Board of Commissioners, by voter referendum any or
1
all revenue options from among those that have been authorized for any other county.
2
NCACC Agriculture Policy Statement
Introduction
North Carolina's diverse agricultural community is helping meet the challenge of furnishing consumers
around the world with food, aquaculture, agricultural, horticultural and forestry products. As North
Carolina's top industry, agriculture and agribusiness account for nearly 25% of North Carolina's Gross
State Product and total employment. The North Carolina Association of County Commissioners
recognizes the importance of agriculture within North Carolina's diverse economic base.
The constitutional purpose of the Association is "to provide the legislature and the public with
information necessary for the passage of sound legislation beneficial to the administration of county
affairs and to oppose legislation injurious thereto." Therefore the Association will not utilize its
resources advocating solely on behalf of agricultural interests, but instead will advocate for or against
legislative and regulatory policies that address agricultural concerns, while simultaneously benefiting the
administration of all counties' affairs.
Relationship of Agriculture and Environmental Policy
Agricultural issues related to the environment transcend governmental boundaries and therefore
require close coordination of policy and action by federal, state and local governments. Powers
delegated to the counties for the protection of the public health are important tools for carrying out
measures to protect the land and water resources vital for current and future agricultural endeavors.
The Association will support and encourage policies that call for the efficient and safe use of natural
resources, helping North Carolina's counties remain safe and healthy places in which to live and work.
Agriculture and Tax Policy
Historically, public policy concerns controlled the method of taxation of agricultural property, as with
the taxation of other land uses. Accordingly, the Association will continue to study the impact of various
financing mechanisms for the assurances of efficiency, equity, and diversification. Whenever possible,
the Association will advocate for tax policies advantageous to both agricultural interests and the
maintenance of a broad and equitable county tax base.
Agriculture -County Land Use and Local System Initiatives
As North Carolina's urban centers expand into agriculturally oriented land areas, public policy questions
emerge as to the regulation of development patterns. The Association believes strongly in flexibility of
form and function, and therefore supports local control over land-use decision-making, and its impact
on the agricultural community. Furthermore, the Association supports state policies providing local
options and tools as to the preservation of farmland if they, in fact serve the best interest of all counties.
Finally, the Association will support research, education and outreach with various public and private
partnerships resulting in agricultural development opportunities, sustainable initiatives producing low-
costfood and energy that will in turn create healthy local economies.
Costs of Animal Care
The General Assembly should consider the potential financial impacts of proposed legislation that
increases responsibilities for county animal control operations and/or facilities. Any legislation should
include funding for counties to carry out legislative intent.
3
Agriculture Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Support conservation of working lands and farmland preservation -Support legislation to
promote and preserve working farmlands by including these lands in the state tourism plan, by
retaining the current authority for the present use value system, by maintaining funding for the
Ag Development and Farmland Preservation Trust, and by authorizing counties to implement
transfer of development rights.
2. Fund agricultural research and extension services -Support legislation to increase ag research
and extension services and maintain existing research stations at current levels.
3. Support Sustainable Local Food Advisory Council Recommendations -Support legislation to
implement the Sustainable Local Food Advisory Council's recommendations including a
prohibition against municipal involuntary annexation or regulation of farm or forestry activities
within a voluntary agricultural district or conservation district and support state funding to
maintain and enhance the North Carolina Transition Network.
Other Goal
Maximize availability of adoptable animals -Seek legislation to increase adoption opportunities for
county animal control facilities by clarifying ownership proof and increasing shelter director discretion.
4
NCACC Environmental Policy Statement
Introduction
Environmental issues transcend governmental boundaries and therefore require close coordination of
policy and action by federal, state and local governments. The aim of public policy addressing
environmental issues should be to assure the public health, protect water and other vital natural
resources and enhance sound development while protecting individual property rights.
County governments in North Carolina must play a key role in the development and implementation of
environmental policy. Powers delegated to the counties for protection of the public health and
regulations of development are important tools for carrying out measures to protect land, air and water
resources.
State and Local Responsibilities
Protection of the environment must be a shared effort between the state and local governments. State
government should not neglect its responsibilities, nor overly burden local government in its attempt to
regulate activities impacting the environment. The Association believes that the following principles
should guide the relationship between the state and local governments in the area of environmental
protection:
• State agencies charged with the responsibility for developing administrative rules to implement
federal and state environmental policies should involve local governments in the process at the
earliest stages of development and should proceed only after thorough analysis of health risks,
environmental impacts and fiscal impacts.
• If state agencies issue permits for activities affecting the environment, affected local governments
should be given ample opportunity to comment on all proposed permits in terms of consistency
with local plans and policies.
• If state law delegates responsibility for implementation, monitoring and enforcement of
environmental policy to local governments, the state should provide, through law and regulation,
for optimum flexibility at the local level in carrying out these responsibilities.
• State law and administrative rules should allow local governments maximum discretion in setting
fees for such services as inspections, issuance of permits, monitoring activities and enforcement.
• If state law mandates that all local governments assume new or expanded responsibilities for
protection of the environment that previously were considered to be discretionary activities at the
local level, the General Assembly should provide funding for expenditures resulting from the
mandate. If state law mandates that state agencies undertake environmental monitoring activities,
the General Assembly must provide state resources necessary to undertake these monitoring
responsibilities in a timely manner.
Balancing Development and Environmental Protection
Environmental protection is critical for a sustainable future, but all human activities have an impact on
the environment. County governments believe that public policy on environmental protection must
recognize this fact and provide a rational balance between these interests. To that end, the North
Carolina Association of County Commissioners believes that it is imperative that all initiatives to protect
the quality of our natural environment be carefully evaluated in terms of relative costs and benefits and
actual risks posed to human health. Enhancements to the environment laws of North Carolina should be
justified by sound science and information and based on a clear rationale and purpose for regulatory
change.
5
Environment Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Enhance river basin monitoring and streamline rule-making -Enhance monitoring for all river
basins in North Carolina and review the rule-making process to enhance regional cooperation.
2. Streamline water supply reservoir permitting -Seek legislation to streamline local water supply
reservoir permitting without sacrificing the scientific rigor of Environmental Impact Assessment
and ensure adequate opportunities for public and local official comment.
3. Authorize County Oversight of Bio-Solids Disposal -Support legislation to authorize counties to
regulate, but not prohibit, bio-solids application activities, including the acceptable "classes" of
bio-solids for application and the prohibition of bio-solids application in certain environmentally
sensitive areas.
Other Goals
• Clarify Yard Waste Facility Runoff Statutes -Seek legislation to clarify that runoff from yard
waste staging areas at county landfills does not require wastewater treatment.
Create Study Commission on Horizontal Drilling, Hydraulic Fracturing and Uranium mining -
Seek legislation to create a Study Commission on horizontal drilling and hydraulic fracturing for
shale gas deposits and uranium mining.
6
NCACC Health and Human Services Policy Statement
Guiding Principles
• Essential health and human services should be financed through state or federal revenues to
ensure statewide availability and consistency.
• Counties must be actively engaged in setting health and human services policy and program
requirements.
• Health and human services programs should encourage responsible behavior and should be
targeted to those citizens least able to care for themselves.
• County health and human services programs should function as a coordinated, unified system
with sufficient automation to support efficient service delivery, promote flexibility, and reflect
policy simplification.
Introduction
Comprehensive and efficient human services, including social services, health and mental health, are
essential to human well-being in our present society. These services must be clearly defined and
adequately funded. State mandated services delivered at the county level should be financed from state
revenue sources in order for every citizen of North Carolina to receive a substantially similar degree of
service. Federally mandated services should be financed from federal revenue sources. Counties should
not participate in the financing of Medicaid services.
The State and County Partnership and Fiscal Relationship
Strengthened and sustained state and county collaboration is essential for effective human services
delivery. The Association encourages ongoing state and county strategies to enhance intergovernmental
communication, cooperation, and conflict resolution.
County commissioners have a significant role in the funding of the human services network. For this
reason, policy changes affecting the counties should be preceded by good faith negotiations in a process
that is fair and equitable. New program initiatives should allow adequate lead time for implementation
within the county budget schedule. The state should consider a county's resource limitations when
implementing new state and federal programs.
Local Authority
Since the counties are the level of government closest to the people, the Association supports
strengthening of local decision-making to respond to local needs. To enhance this principle, members of
all county human service agency boards should be appointed by the boards of county commissioners. All
block grants should be allocated as non-categorical funds. The Association will oppose earmarking of
block grant funds. The Association supports increases in funding for mandated services, provided that
the increases do not require additional expenditures of county funds.
Service Priorities
Health and human service programs should be targeted to those citizens least able to care for
themselves. These programs should encourage families to be responsible supporters of their children.
To accomplish this, the programs should focus on helping individuals find sustainable long-term
employment. County resources should be targeted toward helping individuals become self-sufficient,
helping families remain together and rewarding responsible behavior. The needs of children should be
the primary focus.
7
Health and human service programs should be flexible and be designed to accommodate the state's
changing demographics, such as the increasing elderly and Hispanic populations.
Intergovernmental strategies for economic development should be encouraged. These efforts are
critical to ensuring that work is available for individuals making the transition from public assistance to
employment. All local government institutions, including municipalities, school boards and regional
council of governments (COGS), should be involved in developing and coordinating services to meet the
needs of low-income individuals.
Service Delivery
The county health and human services programs should function as a coordinated, unified system.
Automation of program administration should be focused toward service integration, program integrity,
client satisfaction, and efficient operation. Automation efforts should accommodate and promote
simplified and flexible service delivery. The Association supports county, regional and state collaborative
efforts in developing strategies for enhancing local agency automation, and encourages program
simplification to streamline administration and improve client interaction. The state should take a lead
role in financing, implementing, maintaining, and supporting statewide-automated systems. Automation
efforts undertaken by the state should connect and integrate with county automation initiatives.
8
Health and Human Services Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Ensure adequate mental health funding
a. Seek legislation to ensure adequate capacity of state-funded acute psychiatric beds.
b. Oppose legislation to close state-funded beds until there is adequate capacity
statewide.
c. Seek legislation to maintain the existing levels of state funding for community mental
health services.
2. Retain State Aid to Counties -Seek legislation to retain the State Aid to Counties to maintain
federal matching funds.
3. Allow county flexibility to organize local human services.
a. Seek legislation to allow counties to organize human services based on community
need, including the removal of the population threshold in 153A-77.
b. Oppose legislation that would mandate consolidation of social services functions.
Other Goals
Maintain childcare subsidy funds and allocate to counties.
- Seek legislation to allocate all childcare subsidy funding directly to counties.
- Oppose legislation that would reduce childcare subsidy funding
Maintain TANF Funds to counties -Seek legislation to maintain existing levels of county TANF funding
to support and fund county DSS programs.
Maintain childcare subsidy administration -Seek legislation to maintain the Child Care Subsidy
Administration funding at 5 percent.
Increase State/County Special Assistance Residency Requirements -Seek legislation to increase the
number of days to establish residency for Special Assistance from 90 to 180 days, except for persons
who have entered the state to be supported by a close relative.
Require Back-up Generators for Adult Care Homes -Seek legislation to require all new adult-care
homes to have back-up generators prior to receiving certificates of occupancy and require all existing
adult-care homes to be equipped with back-up generators within three years.
Expedite NCFAST Automation and Policy Simplification - Seek legislation to expedite the
implementation of NC FAST and ensure automation builds on program and policy simplification and
includes interface protocols.
Retain "Electing" Counties' Financial Incentives -Seek legislation . to retain financial incentives for
counties to be "electing" counties.
9
NCACC Intergovernmental Relations Policy Statement
Basic Governmental Philosophy
The North Carolina Association of County Commissioners affirms the following as its basic governmental
philosophy:
• Leave to private initiative the functions that citizens can perform privately while encouraging
public-private partnerships and governmental entrepreneurship when these are in the interest
of citizens and taxpayers.
• Use the level of government closest to the people for most public functions, and provide local
governments with the resources necessary to carry out these functions.
• Utilize intergovernmental agreements where appropriate to attain efficient performance as
determined by local elected officials.
• Intergovernmental communication is vital. State government should communicate and seek
input from any and all counties that are impacted by state regulations, especially when rules and
regulations have direct impacts on property rights.
• Reserve national action for those areas where state and local governments are not adequate
and where continuing national involvement is necessary, e.g. national defense, provided
resources are made available by the national government.
The Intergovernmental System
The Association believes strongly in flexibility of form, function and finance. Counties should be free to
organize for the efficient and effective delivery of services as deemed appropriate by each county. They
should be free to determine the scope and extent of governmental service they will render subject to
the need for uniformity in delivery of services of national or statewide import; to this end, the
Association will continue to oppose unfunded minimum service levels and maintenance of effort
requirements. Counties should have the authority to employ a variety of means of financing county
government.
The state plays a vital role in the economic well being of the counties. In recognition of this partnership,
the state should provide alternatives to enable counties to meet their basic infrastructure needs.
By statute the counties of North Carolina are agents of the state; however, county governments are
more than local branches of state government. As representatives of the local government that touches
all the people, county commissioners accept responsibility for strengthening and improving county
government and will continually strive to lead effectively.
To provide equity among the counties, and to relieve counties of fiscal burdens that cannot adequately
be funded by county revenue sources, services mandated by the federal government should be fully
funded by the federal government, and those services mandated by the state should be fully funded by
the state.
The Association recognizes the kinship of cities and counties in the family of local government and urges
member counties to act affirmatively to strengthen their partnerships with cities. Local general purpose
governments are the building blocks for solving regional problems; therefore, any regional approach
must be based on the need to strengthen and support local governments.
The Association generally supports the policy positions established by the National Association of
Counties, but retains the right to establish its own policy positions on specific issues as deemed
appropriate by its membership.
10
The Importance of Unity
The constitutional purpose of the Association is "to provide the .legislature and the public with
information necessary for the passage of sound legislation beneficial to the administration of county
affairs and to oppose legislation injurious thereto." The Association affirms that its resources will not be
utilized on behalf of individual counties seeking legislative remedy for problems that are not statewide
in nature. Its lobbying efforts will be directed toward the support of sound legislation beneficial to the
administration of all counties' affairs, and to the opposition of legislation injurious to the counties as a
body.
Intergovernmental Relations Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Oppose Shift of State Transportation Responsibilities to Counties -Oppose legislation to shift
the state's responsibility for funding transportation construction and maintenance projects to
counties.
2. Modernize Annexation Laws -Seek legislation modernizing the annexation laws as follows:
a. Requiring the development of joint utility service plans for urbanizing areas;
b. Requiring cities to reimburse counties for the loss of sales tax due to an annexation
c. Increasing the degree of urbanization required to annex property;
d. Allowing the Board of Commissioners to request a referendum on any proposed
involuntary annexation;
e. Requiring the direct provision of municipal water and sewer services to customers
within three years of an annexation;
f. Providing that counties have the option of continuing to provide utilities to annexed
areas;
g. Setting the effective date for involuntary annexations to be June 30 following the date
of adoption or final resolution of an appeal;
h. Prohibiting municipalities from annexing across county boundaries without prior
consent of the Board of Commissioners of the affected county. In an instance where a
municipality has already annexed across county lines, further annexation cannot occur
without consent of the affected county.
Oppose collective bargaining for public employees -Oppose legislation to authorize local
governments to enter into collective bargaining agreements with public employees, or to
mandate dues check-off programs.
Other Goals
Implement Combined Motor Vehicle Registration & Property Tax Collection System -Seek legislation
to ensure that the combined motor vehicle registration and property tax collection system is
implemented within the statutory deadline.
Protect local control of ABC System -Seek legislation to protect local control of the local ABC system
including all local revenue streams generated through local ABC store operations.
11
Authorize counties to offer broadband through partnership or direct service -Seek legislation to
authorize counties to provide high-speed Internet through direct county service or public-private
partnerships.
Eliminate Second Primary and Run-Off Elections -Seek legislation to eliminate second primary and run-
off elections.
Authorize Electronic Notice of Public Hearings and Other Legal Notices -Seek legislation to provide
counties with options for notice of public hearings, notice of delinquent taxpayers, and other legal
notices, through electronic means.
Repeal Public Employee Personnel Record Changes -Repeal HB 961 and seek legislation that will better
clarify issues regarding privacy of public employee personnel records and release of other public
records.
Protect privacy of citizen email notification and distribution lists -Seek legislation to protect the
privacy of email notification and distribution lists of citizens who have requested electronic
communication with their local governments.
Modernize public records retention -Seek legislation to modernize public records retention to permit
records storage in digital format.
Support Rural Transportation Planning Organizations (RPOs) -Support legislation to maintain the
funding for rural transportation planning organizations (RPOs).
Reform Workers' Compensation -Reform Workers' Compensation -Support legislation to reform
North Carolina 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.
Oppose Contributory Negligence Tort Reform -Oppose tort reform legislation that would overburden
county budgetary constraints, unfairly shift fault to counties, or increase demand for court facilities.
Promote Utilization of 911 Centers by Protecting Confidentiality -Seek legislation to promote the
reporting of criminal activity by protecting the confidentiality of callers by using either transcripts or
voice-altered recordings to prevent recognition and to make appropriate amendments to public records
laws.
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NCACC Justice and Public Safety Policy Statement
The Association recognizes that the state and counties are partners in the operation of the criminal
justice system and will support policies and laws that contribute to this partnership being an equitable
one.
County jails should be reserved exclusively for pre-trial detainees, and adjudication should be swift in
order to minimize overcrowding in county jails. Bonds should be reasonable, and effective pre-trial
screening and population management efforts should be encouraged. Criminals should pay a greater
portion of the cost incurred by the counties and the state as a result of their crimes through increased
jail fees, service of process fees, and court facilities fees.
The statewide judicial system should be adequately funded and staffed in order to provide an efficient
environment for judicial process and to instill public confidence in the justice system.
Justice and Public Safety Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Protect county jail system
o Seek legislation to protect the fiscal viability of the county jail system by reinstating the
reimbursement rate for state inmates housed in county jails and increasing the
reimbursement rate for state inmates awaiting post-trial prison transfer.
o Oppose legislation to increase time counties are mandated to house state
misdemeanants.
2. Improve inmate medical care cost containment -Seek legislation that would authorize medical
care providers to charge the state and counties no more than the rates set in the Medicaid or
Medicare schedule of charges for inmate medical care.
3. Maintain funding for gang prevention and adolescent substance abuse prevention,
intervention and treatment programs.
Other Goals
Allow court facility fee flexibility -Seek legislation to allow counties to collect additional fees to
support specialty courts and help fund capital, operational and other needs associated with increasing
demands on our judicial system.
Authorize inmate electronic monitoring cost reimbursement -Seek legislation to authorize counties to
seek reimbursement from defendants for electronic monitoring, based on ability to pay.
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NCACC Public Education Policy Statement
Introduction
The Association believes that every child should have equal access to a sound basic education designed
to prepare students for successful living, work and good citizenship in a modern society. Recognizing
that the responsibility for public education in our country is that of the states, the Association believes
that adequate state resources must ensure a sound basic education for all North Carolina children. We
believe that improved public education is imperative to the future of North Carolina's citizens, and we
encourage the state to place higher priority on increased support for the necessary improvements to
compete in an increasingly global and technologically complex business environment.
The Association supports a continued federal role in the funding of educational services. The Association
further believes that citizen control of public schools is essential to guarantee continued widespread
understanding and support for this major responsibility of government: the education of its people. The
Association acknowledges and accepts the traditional responsibility of boards of county commissioners
to provide adequate facilities in which to meet our students' need for a sound basic education.
Clarifying State and County Financial Responsibility
The Association recognizes the importance of new approaches to education in the effort to improve our
public schools. New classroom technologies and such innovations as the NC Virtual Public School, Early
college High Schools, alternative schools, and charter schools are intended to introduce greater choice
into the state's public education system. When the General Assembly authorizes changes to introduce
greater choice and/or improve education, these changes and flexibilities should be equally available to
all existing public schools.
The Association will support efforts by state policy makers that, in the view of county commissioners,
will lead to substantive improvements in the state-supported basic elementary and secondary education
programs available to the children of North Carolina. Elementary and secondary public education should
be a clear priority to ensure that North Carolina citizens are well served by our schools.
The state should define and support a sound 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 21st century.
The division of responsibility between the state and counties for financing public school needs, which
was established by the General Assembly in 1933, became blurred during the years that followed. The
Association supports efforts to clarify state and county responsibility through legislation that reflects
and recognizes the following realities:
the rightful guarantee of equal access to high quality basic education opportunities for every
child in North Carolina;
the limitation of county government revenue sources and the need for additional sources of
revenue at the county level;
• the impacts of changing technologies on basic educational needs and the job market in the
future;
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• the impact of changes in the state-supported education program on the facility needs of local
school systems;
• the need, if county governments are to remain responsible for school facility needs, for county
commissioners to have the authority to assure that funds appropriated to meet these needs are
used accordingly;
• and the problems experienced by counties, particularly suburban counties in areas surrounding
metropolitan areas, in which growth in school population is not matched by growth in county
revenue.
Further, the Association believes that county commissioners together with the state must be diligent in
carrying out their financing responsibility for school facilities. Adequate capital financing arrangements
will necessitate strong attention to long-range financial planning. School building needs of necessity
must be considered in the context of all facilities that commissioners are required to finance.
County Commissioners and Local Boards
Especially in the area of attaining sufficient state financing for a quality basic education, commissioners
and local school board members can be more effective by acting cooperatively to promote
improvements in public education.
Joint cooperative action between boards of county commissioners and local school boards is essential to
the successful delivery of excellent public education. The free exchange of information and' ideas among
the North Carolina Association of County Commissioners, the North Carolina School Boards Association
and the North Carolina Department of Public Education is likewise necessary to promote understanding
of the variety and complexity of issues related to public education.
The Association strongly urges the General Assembly to support counties in their efforts to fund no
more than one school system per county in order to better utilize school facilities and financial
resources. Taxation for local support of public education should be vested exclusively with boards of
county commissioners.
Community Colleges
North Carolina's community colleges are critical components of the state's integrated efforts to prepare
youth and adults for constructive participation in a constantly changing economy. The NCACC recognizes.
the counties' statutory responsibility to provide financial support for plant operations, maintenance and
capital construction, but also supports additional state funds to help counties address construction
needs due to increased enrollments and aging facilities. To meet North Carolina's changing workforce
demands, the NCACC supports increased state funding to train and retrain both young students and
adult citizens.
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Public Education Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Reinstate ADM and lottery funds for school construction -Seek legislation to fully reinstate the
Average Daily Membership funds and Lottery proceeds to the Public School Building Capital
Fund.
2. Authorize county use of lottery funds for technology -Seek legislation to authorize counties to
use lottery funds to address school technology needs.
3. Increase high school graduation rates -Support legislation that encourages students to
complete their high school education by recognizing alternative graduation methods and by
excluding from the definition of dropouts those youth enrolled in high school equivalency
programs at community colleges.
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NCACC Taxation and Finance Policy Statement
Guiding Principles
• The level of government most capable of delivering public services should provide them.
• Counties must have sufficient revenue authority and options to meet public service needs.
• Counties must have access to a broad and balanced revenue base.
• The state should not mandate programs requiring county financial participation, and state-
generated revenues should fund basic state services.
• The state should provide timely and tailored information to sustain county revenue, budget and
financial management integrity.
Introduction
The North Carolina Association of County Commissioners believes that the level of government most
capable of delivering essential public services should be responsible for providing them. In order for
counties to be effective partners with the state and federal governments, counties must have the
authority to generate optional local revenues that are sufficient to meet public service needs while
being responsive to economic change. The county revenue base should be broad and balanced,
permitting counties to raise revenues from various sources rather than being overly dependent on any
single revenue source or overly burdensome on any one group of taxpayers.
A proper balance of service responsibility and revenue-raising authority is imperative for effective
county governance. Any restructuring of county responsibilities should be coupled with a restructuring
of local revenue sources to meet those responsibilities.
County Revenue Authority
The property tax system is the mainstay of the county revenue base and the Association will continue
efforts to make the property tax system more efficient and equitable. The Association will also seek to
broaden and diversify the county revenue base to include appropriate optional sources that are
responsive to economic change and equitable in terms of impact on residents.
The Association believes that county revenue authority should reflect the following:
• Counties should have authority to generate optional revenues sufficient to meet their
responsibilities, especially for those programs already mandated by the state and federal
governments.
• New taxing authority should not be seen as encouragement for new state and federal
mandates.
• The Association opposes the redistribution of existing revenues, and no redistribution of new
tax sources should be implemented without assessing taxpayer equity as reflected by local
needs, local funding efforts, and local funding capability.
• The General Assembly should reimburse from state sources individual county and city losses if
statewide policy objectives necessitate reductions in local tax bases.
• The General Assembly should recognize that county funding obligations do not diminish when
local revenue base exemptions and exclusions are granted to specific groups and county
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revenue generation is reduced, with the result that the tax burden is shifted from one local
constituency to another.
• The General Assembly should evaluate existing local revenue base exemptions and exclusions to
determine if they have achieved their intended tax policy objectives. New or extended
exemptions and exclusions should include a "sunset" date in their authorizing legislation.
• Local government tax revenues should not be earmarked for specific programs, functions or
services.
Financing Mandates
County officials recognize their responsibilities for carrying out policies formulated by the General
Assembly. State policy makers should recognize county revenue base limitations and variations in
revenue-producing capabilities among counties and should not mandate programs requiring county
financial participation.
The Association believes that mandated programs should be financed as follows:
• Where the state has mandated county financing in broad terms, permitting county discretion in
service levels, counties should have the primary financing responsibility.
• Where the General Assembly has set a minimum of basic service to be available equally to all
state residents, the state should have financing responsibility. County financial participation
should be limited to sharing the programs' administrative costs.
• Where the federal government has initiated services to provide income maintenance for all
citizens, the federal government should have financing responsibility.
Fiscal Integrity of Counties
Counties need timely information from the legislative and executive branches of state government
regarding budgetary decisions that affect county taxation, budgeting, and fiscal management. In order
to enhance the fiscal integrity of counties, the Association will continue to support improvements in
financial management practices and reduction of inconsistencies in fiscal procedures among programs
administered by county governments.
The Association believes that the continued fiscal health of county government depends upon the
following:
• State laws and guidance that provide for sound financial management practices that are
adaptable to the special needs of each county.
• Appropriate state agencies should guide necessary improvements in consistent accounting,
reporting and auditing procedures.
• State agencies monitoring county programs should not require practices that are redundant,
duplicative, or inconsistent with generally accepted principles of budgeting and accounting.
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Taxation and Finance Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Preserve the existing local revenue base.
2. Authorize local revenue options -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.
3. Recover costs through In Rem foreclosure fee -Seek legislation to increase the reimbursement
rate for in rem foreclosure collection efforts to recover actual costs, including legal expenses.
Other Goals
Set property tax relief application deadline at June 1 -Seek legislation to establish June 1 as the
statutory deadline for exemption, deferment and other property tax relief applications.
Clarify centralized listing and assessing of cellular and cable companies -Seek legislation to implement
the central listing and assessment of cellular and cable companies.
Clarify definition of charity eligible for property tax relief -Seek legislation to clarify the definition of
charity and set a cap amount for hospitals, facilities financed through Medical Care Commission bonds,
and continuing care facilities, and require that any property valuation exclusion formula provide for a
higher test of charity.
Allow hospital authority access to setoff debt collection -Seek legislation to authorize hospital
authorities to participate in the setoff debt collection program.
Require sales tax reported at zip+4 -Seek legislation to require that large vendors report sales tax by
the 9-digit zip code.
Simplify Register of Deeds Fees -Support legislation to require that all real estate recording fees
charged by the Register of Deeds be set at appropriate flat rates, with a single rate paid to a single state
agency, provided that implementation of this legislation not reduce any revenues to any county.
Standardize Local Vehicle Fees -Seek legislation to require that all local vehicle fees be adopted at the
time the tax rate is adopted and impose the fees on all registered and unregistered vehicles.
Allow solid waste authority access to setoff debt collection -Seek legislation to authorize solid waste
authorities to participate in the setoff debt collection program.
Manufactured home taxes paid before transfer -Seek legislation to require that all taxes levied on
manufactured homes be paid before the home may be moved, repossessed or sold on site.
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~,~ ~ ~ YouthVoice 2010
~ `~j' _ j .k; t~~ ~ ~. =y., Top 10 Statewide Issues of Concern
At the NCACC's 2010 Annual Conference, held Aug. 26-28, 2010, the Association sponsored its first
youth summit -YouthVoice 2010. High school students from around the state, recruited through 4-H
Youth Development and Cooperative Extension, developed a list of 10 priority concerns that were
presented to the Association's membership during the Business Session on Aug. 28.
The NCACC Youth Involvement Task Force has proposed that these issues be incorporated into the
Association's legislative agenda. The Board of Directors on Dec. 15 voted to include them in the
legislative proposals that will be considered at the Legislative Goals Conference.
1. Teen pregnancy
Prevention, sex education and related health issues. It starts a chain reaction and teenagers face
tough decisions.
2. Substance abuse
This includes illegal drugs, alcohol, tobacco and prescription drugs. Younger children are trying
tobacco.
3. Dropouts
North Carolina's drop-out rate is at one-third; more dropout prevention programs are needed.
4. Violence
This includes bullying, gangs, crime and physical harm. Education is needed on safety issues,
recognizing that "unsafe" actions impact others, such as friends and family.
5. Recreation
This includes community activities, intramural sports, funding for youth centers and other
facilities and safe places, and unstructured activities. Re-evaluate current parks and recreation
programs. Paying for sports can be expensive.
6. Socio-economics
Adults and teens need jobs; unemployment is getting worse. Poverty and hunger are problems,
especially in small counties with low economic ratings; family income is below average. Other
issues are identity theft, and family money management; many grandparents with low incomes
are raising grandchildren.
7. Education issues/school funding
Schools need money to provide more classes and extracurricular activities. Young people need
to prepare for and find money to help pay for college. Youths want to think their needs are
recognized, and they want more opportunities at school.
8. Lack of youth voice in community
Youths need to have their voices included in political decisions; youths should take the initiative
with governmental officials to have opportunities to express their opinions.
9. Health issues
Obesity, healthy lifestyles education, healthy food in school cafeterias, and chronic disease
reduction are important to young people.
10. Lack of things to do
There should be more safe and effective activities for youth to participate in. There should be a
partnership between youth development programs, with constructive and positive activities.