HomeMy WebLinkAboutRES-2004-018 Resolution Regarding Orange County's 2004 Legislative AgendaFoi' ref erence purposes, the items in this resolution with one asterisk (*)
include updates to their content from the similar language that was part of
Orange County's 2003 Legislative Agenda. Items with two asterisks (**) are
new for the 2004 Legislative Agenda. All other items are duplic~aLtes from
2003. ~~.j -ate Q `-~ " ~
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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 take the following
positions on legislation regarding the following matters:
REVENUES
1) Support an increase in the cigarette tax, primarily for.
the purposes of health programs and for reducing and
preventing tobacco use (See March 5, 2003 Board of
Commissioners' Resolution - Exhibit A), and with a
portion of the new revenues being dedicated as a funding
source for the Farmland Preservation Trust Fund and for
the creation of regional processing centers to create
value-added products and help promote farm options;
2) Support an increase in the alcohol tax with a portion of
the new revenues being dedicated for mental health and
substance abuse rehabilitation treatment programs;
3) Support balancing the State of North Carolina budget by
closing tax loopholes, including ending the sales-tax cap
on boats, planes, and railway cars, doing away with a
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sales-tax cap on business machinery, repealing a tax
credit for cigarettes manufactured in North Carolina but
sold overseas, and eliminating an interest expense
deduction for banks;
4) Support legislation to re-institute State funding of
local school system utility costs;
5) Support legislation to allow all counties to enact
various revenue options; with optional local referenda,
that have already been authorized for counties in other
parts of the State, including real estate transfer taxes,
impact taxes for school facilities and other
infrastructure, prepared meals taxes and occupancy taxes;
6) * Ensure that the Public School Capital Building Fund
disbursements (which for FY 2002-03 were estimated to
have been $794,000 for Orange County had they not been
withheld by the state, and for which allocations have
been restored for FY 2003-04) continue to be made on
behalf of Local Education Agencies (LEAs) to address
pressing capital needs in the next and future fiscal
years;
7) Support the North Carolina Association of County
Commissioners (NCACC) and North Carolina League of
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Municipalities (NCLM) positions regarding state
government reimbursements to local governments;
TRANSPORTATION
8) Support establishing a permanent prohibition on billboard
advertisements along Interstate 40;
9) Support increased dedicated funding for the establishment
and implementation of Rural Transportation Planning
Organizations throughout the State;
10) Support legislation providing the North Carolina
Department of Transportation with flexibility statewide
in addressing acceptance and maintenance of post-1975
recorded subdivisions with unpaved roads to address
unintended exclusion from the state-maintained road
system (Examples: 1) Developed subdivisions based on
unrecorded subdivision plats on pre-1975 unrecorded
subdivision plats which plats include publicly dedicated
roads and 2) Unexpected Death. of Original"Subdivision
Property Owner and Lack of Owner's Right-of-Way
Dedication Signature on recorded plat);
SOCIAL SAFETY NET
11) * Support legislation that, at a minimum, returns to the
Fiscal Year 2001-2002 level of funding for State Aid to
Counties in the Social Services Budget. These funds
have been available from the state for decades to
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support the administration of state and federal public
assistance programs provided through county governments.
These funds are used to pay some of the costs of the
staff who determine eligibility for Food Stamps,
Medicaid and other financial assistance programs. These
programs are experiencing growth in the number of
persons needing assistance, which has increased the
workload for the staff at Social Services. The state
should increase its funding to support the county.
administration of these programs, especially since this
is one of the few sources of state funds in any of the
operational costs of the local Social Services programs.
Two years ago, the Orange County portion of this fund
was reduced from $69,603 to $58,851. Since these funds
can be used to match federal funds, loss of these funds
results in either additional county costs or loss in
revenue of $21,504 to support staff at Social Services;
12) Support legislation providing that the State is
responsible for providing services to children in need
of residential mental health treatment;
13) * Support the reinstatement of Criminal Justice
Partnership Program (CJPP) funding and other
alternatives to incarceration lost due to budget cuts in
the Department of Correction with the understanding that
diverting these funds would lead to greater costs and
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challenges for the correctional system as well as the
general public;
14) Support adequate funding for Dispute Settlement Centers
and other similar entities as these resources provide
viable alternatives to the court system, and thereby
diminish court costs and the strain on the limited,
already over-burdened judicial system, and any diversion
of these funds is "penny-wise and pound-foolish";
15) Support legislation directing that the North Carolina
Department of Health and Human Services put on hold
further efforts regarding mental health. reform until 1)
adequate funding is provided to local governments to
address implementation costs, and 2) adequate planning
and funding is provided to address the costs which will
be incurred with the de-institutionalization activities
that will certainly occur as an outcome of reform;
16) Support legislation. involving programs and funding to
expand the in-home services available to seniors;
17) Support legislation for the funding of intensive home
visiting projects that target .prevention of child abuse
and neglect;
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18) Support legislation which promotes reform of the medical
prescription system that incorporates provisions
included in the State of Maine system;
19) Support legislation for reinstating and maintaining
adequate funding for Smart Start statewide that ensures
that children across the state can have the
opportunities for success in the same manner as those
with Orange County Partnership for Young Children;
20) Oppose cuts in funding to the University of North
Carolina Pharmacy School and related activities;
21) * Re-instate funding to the University of North Carolina
Dental Clinic to restore it to Fiscal Year 2001-02
funding levels;
22) Oppose cuts in funding to the North Carolina Poison
Control Center which provides immediate life-saving
assistance to families across the state and reduces
costs to the public, the state, and medical institutions
by reducing-the public's need to utilize emergency rooms
and other medical facilities;
SOLID WASTE
The State of North Carolina has not demonstrated adequate
leadership on recycling efforts. It has failed to
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implement strategies and incentives to encourage recycling
and also has not instituted penalties sufficient to ensure
that recycling opportunities are pursued. This deficiency
could begin to be reversed as follows:
23)Support bottle deposit legislation to be applied to any
liquids bottled for human beverage consumption including
soda, juice, beer, milk, wine, tea, water, and all
distilled alcoholic beverages;
24)Support legislation requiring an advance recycling fee
(ARF) and a subsequent ban on landfilling or
incineration of televisions, computer monitors and other
devices using a cathode ray tube (CRT) to display an
image on a screen;
25)* Support legislation that promotes and supports the
recycling and disposal of white goods including
retaining earmarked State revenue sources to support
these programs;
EDUCATION
Orange County believes that political .initiatives regarding
education that create unfunded mandates for local
governments should be opposed. Examples of these include:
26)Legislation which seeks to reduce class size if the
State does not include the necessary funding (capital
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and otherwise) and thereby creates additional pressures
on local school systems for construction of new and
expanded school facilities and for additional support
staff (Also See #6 above);
27)Legislation that expands programs such as "More at
Four " that obligate local school systems' space if the
State does not include the necessary funding (capital
and otherwise) and thereby creates additional pressures
on local school systems for construction of new and
expanded school facilities and for support staff;
28)Legislation cutting or reducing funding and other
support to the UNC School of Government (Institute of
Government) which has the effect of reducing its
effectiveness in assisting local governments in finance,
planning, and the many other areas where local
governments across the state depend on its breadth of
knowledge;
OTHER
29)** Support the Mental Health Treatment Court Pilot bill
that provides funding support for mental health
treatment courts in the Orange and Mecklenburg judicial
districts for adult offenders suffering from mental
illness, with treatment aimed at improving their ability
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to function in the community and thereby reduce
recidivism and easing court caseload (See Exhibit B);
30)** Oppose unfunded mandates for local governments such
as 1) those associated with recent reform efforts at the
State level regarding mental health services, 2)
regulatory and performance standards concerning solid
waste and recycling programs, and 3) standards and
funding requirements related to the implementation of
the provisions of the federal No Child Left Behind Act;
31)Oppose legislation which would provide for private
sector soil evaluations to become the basis for county
health department permitting of septic systems as
proposed by the North Carolina Coalition for
Privatization of Wastewater Evaluations (See Exhibit C -
Orange County Health Department Memorandum);
32)Oppose legislation involving changes to the Alcohol
Beverage Control (ABC) system unless local ABC Boards
and local governments are included in discussion and
formulation of proposed changes and that any changes
"hold harmless" the services and funds provided to local
governments under the current system;
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33)Support legislation that continues the current level of
State funding for-all existing positions in County Soil
and Water Conservation offices;
34)Support legislation requiring county commissioner
approval for any proposed exercise of eminent domain
power by any utility operating in a deregulated
environment;
35)Support legislation enabling process free transfers of
equipment and supplies from one unit of local government
to another during emergencies/natural disasters;
36)Support amending the annexation laws to require
consultation with counties, including joint city-county
public hearings, on any proposed annexation, and to
provide planning and revenue option incentives to county
and municipal governments that enter into cooperative
planning agreements;
37)Support legislation to Broaden Local Government
Authority to Enact Laws to Protect Public Health, Safety
& Welfare (Senate Bill 160);
38)Support legislation to prohibit the issuance or
execution of open burning permits on high ozone alert
days to help avoid North Carolina, Region J, becoming a
non-attainment area (Code Orange, Red and .Purple Days);
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39)Support legislation to allow counties to collect fees to
offset the cost of restaurant inspections;
40)** Support legislation to allow counties to collect an
additional 5% on court costs to help fund capital,
operational, and other needs associated with ever-
increasing judicial activities;
41)** Support legislation to eliminate the verification
process, have cancellations stand on their own merit,
record them based on the same criteria used to record
other real estate-related documents, and reduce Register
of Deeds liability associated with cancellation process,
or, in the alternative, allow counties to begin charging
regular recording fees for Notices of Satisfaction and
Certificates of Satisfaction associated with Deeds of
Trust since there is currently no fee for recording
cancellations;
42)Support legislation that, in the event county
regulation/inspection of body piercing establishments is
state-mandated, adequate state funding is included to
address the additional county cost, or, as an
alternative, counties are allowed to collect fees to
offset the cost of the regulation/inspection activities;
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43)** Support the instituting of a national criminal record
check for long-term care employees (all persons involved
in direct patient care) since the current requirement
for state criminal record checks is not adequate for a
mobile society where many in the work force come from
out of state. The current suspension of the state's
statutory requirement for a national criminal records
check must be lifted, not continued again;
44)** Support statutory clarification on the definition of
special care locked units (units intended to meet
certain requirements in order to provide special care
for persons with Alzheimer's disease or related
disorders; not simply units with a door that locks).
Legislative requirements as outlined in Senate Bill 10
(House Bill 60) have been circumvented through
interpretation. Locked units must be considered special
care by definition or the. rights of the residents in
those units are violated;
45)** Support the establishment of a study commission to
examine the guardianship laws in our state and to
recommend changes for strengthening this system.
(Senate Bill 179 and House Bill 246, introduced in the
2001 session, called for the establishment of a Study
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Commission. No action was taken on these bills, with
the exception of a task force convened by the Division
of Aging.);
46)**Support the inclusion of a definition for "adequate
shelter" similar to that contained in the Orange County
Animal Control Ordinance in draft legislation being
developed and proposed by the House Interim Committee on
the Prevention and Disposition of Unwanted and Abandoned
Animals to improve conditions for the animals and the
humans who work with them (See Exhibit D);
47)Support some of the Legislative Goals of the North
Carolina Association of County Commissioners (NCACC),
many elements of which were and are initiatives of
Orange County, and with the additional Orange County
explanatory language included in Bold Italic where
appropriate (See Exhibit E);
Upon motion of Commissioner seconded by
Commissioner the foregoing resolution was adopted.
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this the ~(0 day of ~ 2004.
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
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Board at a meeting held on ~ /(~, 2004 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 2004.
s~3°$~=-`~s._ Clerk to the Board of Commissioner
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EXHIBIT A 15
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION IN SUPPORT OF AN INCREASE IN NORTH
CAROLINA'S TAX ON CIGARETTES
March 2003
WHEREAS, the Orange County Board of Commissioners joins the Orange County Board of
Health in carrying out the responsibility of protecting and promoting the health of the people of
Orange County; and
WHEREAS, a goal of Healthy People 2010 is to "reduce illness, disability, and death related to
tobacco use and exposure to secondhand smoke"; and
WHEREAS, death rates from heart disease and cancer, the leading causes of death in North
Carolina and Orange County are partially attributable to smoking and tobacco use; and
WHEREAS, North Carolina's cigarette tax is currently $.05, the 3Td lowest in the nation; and
WHEREAS, the use of tobacco products costs the State $4.75 billion in medical costs and lost
productivity annually; and
WHEREAS, each year 24,090 children in North Carolina start smoking each year (66 a day); and
WHEREAS, the best way to prevent and reduce tobacco use by children is to substantially
increase the cost of cigarettes; and
WHEREAS, such a tax increase would result in a 16.1% decrease in youth smoking rates,
preventing 105,750 North Carolina children from starting to smoke and saving 33,750 premature
smoking-related death; and
WHEREAS, North Carolina expects to suffer approximately a $2 billion deficit in fiscal year
2003, the third year of significant deficits; and
WHEREAS, these deficits have caused cuts to important programs affecting the health and
wellness of the citizens and more reductions are threatened; and
WHEREAS, North Carolina targets almost no state funds towards preventing tobacco use; and
WHEREAS, such an increase would generate new revenue;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of County
Commissioners supports an increase in the cigarette tax in North Carolina to be used primarily
for health programs and for reducing and preventing tobacco use.
This the 5th day of March 2003. ~~~~ , <~:~c~Kl~~''-~~.~_
/ iJ
Margaret Brown,. Chair
Orange County Board of Commissioners
EXH ~ BT i Q ..
ORANGE COUNTY COMMUNITY RESOURCE COURT
FACT SHEET 1: 9/2003
• ORIGINATED ON APRIL, 2000.
• A COLLABORATIVE EFFORT BETWEEN THE OPC AREA PROGRAM AND JUDICIAL
DISTRICT 15B: ADMINISTRATIVE OFFICE OF THE COURTS.
• PARTICIPATING AGENCIES: DEPARTMENT OF CORRECTIONS, DISTRICT
ATTORNEYS OFFICE, PRE-TRIAL SERVICES, CHAPEL HILL POLICE DEPARTMENT
CRISES UNIT, THE PUBLIC DEFENDERS OFFICE.
• A VOLUNTARY COURT BASED JAIL DIVERSION PROGRAM.
• SERVES PEOPLE IN ORANGE COUNTY, NORTH CAROLINA. AVERAGE 75-100/YR.
• PROVIDES INTEGRATED ~ SERVICES FOR PEOPLE WITH MENTAL HEALTH
DISORDERS DIVERTED FROM THE CRIMINAL JUSTICE SYSTEM.
• PRESIDING JUDGE: CHIEF DISTRICT COURT JUDGE JOSEPH MOODY BUCKNER.
• AWARD RECIPIANTS FOR THE FOLLOWING GRANTS:
JANUARY 2001: FEDERAL MENTAL HEALTH BLOCK GRANT
(MENTAL HEALTH COURT CASE MANAGER)
JANUARY 2002: DRUG COURT: IMPLEMENTATION SITE AUTHORIZATION
JULY 2003: DRUG COURT: GOVERNORS CRIME COMMISSION FUND
(DRUG TREATMENT COORDINATOR)
MARCH 2003: BUREAU OF JUSTICE ASSISTANCE, OFFICE OF JUSTICE
(MENTAL HEALTH COURT CLINICAL SOCIAL WORKER}
SEPT. 2003: PENDING: COUNCIL OF STATE GOVERNMENTS:
REQUEST FOR TECHNICAL- ASSISTANCE TO IMPROVE
COLLABORATION BETWEEN CORRECTIONS AND MENTAL
HEALTH SYSTEMS
RESEARCH PARTICIPANT FOR 2 STUDIES;
COMMUNITYRESOURCE COURT STUDY
NORTH CAROLINA STATE UNIVERSITY, SOCIOLOGY DEPARTMENT: PENDING.
THE SERIOUSLYMENTALLYILL INNORTH CA.ROLIIVA'S CRIMINAL JUSTICS SYSTEM
TERRY SANFORD INSTITUTE OF PUBLIC POLICY, DUKE UNIVERSITY. MAY 2002.
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Nwih Wreliiw Public H~ahh
ORANGE COUNTY
HEALTH DEPARTMENT
Rosemary L. Summers,
MPH, DrPH
Health Director
Richard E. Whiffed Human
Services Center
300 West Tryon Street
Post Office Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2411
Fax: (919) 644-3007
www. co.orange. nc. us/hea/th
Animal Control Services
Central Administrative
Services
Dental Health Services
Environmental Health Services
Health Promotion and
Education Services
Personal Health Services
306-C Revere Road
P O Box 8181
Hillsborough, NC 27278
Phone: (919) 245-2361
.FAX: (919)644-3006
EXHIBIT C
MEMO
DATE: March 21, 2003
TO: Rosie Summers
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FROM: Ron Holdway
Tom Konsler
RE: Legislative Proposal for Licensed Soil Scientists to Permit Septic Sites
Rosie,
At the request of the County Attorney, we prepared this memo to address concerns
regarding the recent legislative initiative for the privatization of evaluations of sites
for wastewater systems in North Carolina. This idea is being proposed by the North
Carolina Coalition for Privatization of Wastewater Evaluations (NCCPWE) and a
copy of the most recent information from that group is attached. Please note that
there is some concern from the coalition members and others that the proposal does
not reflect the position of the group as a whole. (See attached email from Bill Jeter,
the section chief for the NCDENR On-Site Wastewater Section). We understand
that you have already notified the county manager and our local county
commissioners of this push and also that the Local Health Director's Association is
preparing a formal response.
The current proposal as presented is a three pronged approach to septic evaluations
and we will respond to each aspect individually as well as give you our general
comments on the idea. As you know, the permitting and approval for on-site
wastewater systems has historically been a responsibility of local health
departments in North Carolina since the early days of water carried sewage with
very few exceptions. The existing program is an excellent public health program
with its primary goals of improving water quality and minimizing disease
transmission from direct contact with sewage or ingestion of sewage contaminated
water.
In general, we perceive the allowance of private sector permits is fraught with
potential for exploitation. Since the private soils consultants will be hired for the
most part by the property owner or developer to assess the soil suitability, the
incentive is present for the consultant to find useable soils. There is some
experience that demonstrates problems with this approach as large septic systems
(larger than 3,000 gallons per day) were permitted by the State until 1992 in a
manner similar to the current proposal. There were at least three large systems
permitted here in Orange County that became problematic in large part due to poor
siting conditions including soil, topography and inappropriate loading rates. Some
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of these systems failed in a very short time after installation.. The most notable of these situations was
the Piney Mountain Subdivision and that malfunction was eventually remedied by the extension of
sewer from the City of Durham. The company that installed the Piney Mountain system also had
problem with systems in at least two other counties in North Carolina.
At a glance, the proposal contains no public health merit and likely represents a step backwards in
program quality. The major thrust seems to be resulting from licensed soil scientists who do not agree
with local health department's reviewing their work and from developers who have to wait several
weeks to months for their projects to be evaluated. Please be aware that there is no wording of the
general statute language for the proposal available to us at this time. As with all law making "the devil
is in the details" and we really do not know what the final statutory language will look like.
Below are the three major points from the NCCPWE proposal. Our comments on each point follows
them and are in italics.
1) Allow for a licensed soil scientist and certified site evaluator to submit soil and site suitability
information to the local health department as part of a completed wastewater permit application
package. The local health department would be able to issue a wastewater permit based upon
this packet of information with little or no field review. The proposed legislation would create a
system by which the health department could spot check these proposals prepared by the private
sector, but the local health department would not have to perform a duplicate evaluation and
may issue wastewater permits with no evaluation. A time trigger would be utilized to create a
deadline by which the health department would have to issue a permit or notify the licensed soil
scientist and certified site evaluator of any deficiencies in their proposal.
For the reasons listed on the first page, we think this approach is suspect. Furthermore, the
concept of conducting a "spot check" of those sites recommended for approval is without
sound professional merit as it would be cosmetic at best. For discussion, if a problem was
discovered in a "spot check" would prior work by the individual Soil Scientist be subject to
review and possibly action on outstanding permits or would we just ignore those existing
approvals? It is our impression that Soil Scientists in this setting would have an abundance of
authority with little or no responsibility for errors and omissions in their work because the
local health department is still the permitting agency. Finally, it is not clear what happens in
the event the local health department staff disagrees with the soil scientist and therefore
refuses to issue a permit. We have had many submittals from private soil scientists in the past
that, upon field review by our staff, have not accurately represented the true conditions on the
site. The expertise of some private sector soil scientists for evaluating on-site systems has
been limited at best and the quality of work varies greatly from one individual or firm to
another. "Spot checks" would be a haphazard and meaningless method of quality checks
given the variability and complexity of soils and sites. If we were to issue a permit on even
one soil report from the private sector without field review, we would be putting ourselves and
the future homeowner at great risk and also assuming at least some responsibility for the
outcome of that system.
2) Create a certification program for those persons using soils information to propose a wastewater
system. The "certified site evaluator" would be allowed to collect site information necessary to
complete a wastewater system proposal. A certified site evaluator would not be allowed to
perform acts of soil science unless the site evaluator is also a licensed soil scientist in
accordance with G.S. 89F. An engineer or other professional that wanted to be involved in
small wastewater system proposals would be welcome to become certified through this
program. The advantage of certification is that a certified site evaluator could submit a proposal
for a wastewater system to a local health department and the local health department could issue
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a permit with minimal or no review based upon the certified site evaluator's work and introduce
a method by which site evaluators can be held accountable for their decisions.
We do not have the same confidence that a certification committee would be successful in
taking appropriate action for errors, omissions, and bad actors, let alone making
accountability stick. -The same type of oversight exists for engineers, licensed soil scientists,
and certified operators, but the respective governing boards have been reluctant to take action
on their members. In particular, the North Carolina Board for the Licensing of Soil
Scientists already has the legal authority via NCGS ~89F-23 to seek injunctive relief against
those involved in soils work who are not legally licensed and, to our knowledge, they have
refused to take such action even when those persons are apparently in blatant and multiple
violations of the licensing act and operating in direct competition with their own membership.
Given this refusal to hold non-members accountable, we do not expect them to hold their own
members to any greater or even reasonable standards.
It is not clear, but could be assumed that Environmental Health Specialists employed by the
local health department would also have to become certified as site evaluators. Regardless,
we strive to keep our on-site wastewater staff here in Orange County on the leading edge of
technologies and evaluation practices in the field. While we are not opposed to elevating the
overall state of practice for local health department practitioners, it would pose another
requirement for continuing education and, in effect, be an unfunded mandate for counties to
absorb.
3) Require that all lands that are subject to local subdivision approval that do not have access to a
public sewer system must be evaluated by a licensed soil scientist prior to recordation with the
county register of deeds. Involving the soil scientist at the beginning of a proposed
development will assist the developer in making the most out of the proposed development
within the parameters of the soils available and will assist the local health department by
filtering out unsuitable properties from being proposed for development prior to the permit
application stage.
We have no objection to this element of the proposal. This is currently an option available to
developers proposing a subdivision and is commonly used on a voluntary basis. In Orange
County, a variation of this requirement already exists in the current subdivision ordinance.
There also needs to be a provision to address subdivisions that intend to use systems other
than on-site wastewater systems such as package treatment plants.
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North Carolina Coalition for
Privatization of Wastewater Evaluations
P.O. Bog 2522
Wilmington, NC 28402
910-452-0001
The North Carolina Coalition for Privatization of Wastewater Evaluations (NCCPWE) represents the diverse companies,
organizations, and persons in NC that believe that the role of the licensed soil scientist in evaluating land for development in
NC can be expanded so as to protect public health.
Specifically, the North Carolina Coalition for Privatization of Wastewater Evaluations is seeking the following legislative
initiatives out of the 2003 and 2004 General Assembly:
1) Allow for a licensed soil scientist and certified site evaluator to submit soil and site suitability information to the
local health department as part of a completed wastewater permit application package. The local health department
would be able to issue a wastewater permit based upon this packet of information with little or no field review.
The proposed legislation would create a system by which the health department could spot check these proposals
prepared by the private sector, but the local health department would not have to perform a duplicate evaluation
and may issue wastewater permits with no evaluation. A time trigger would be utilized to create a deadline by
which the health department would have to issue a permit or notify the licensed soil scientist and certified site
evaluator of any deficiencies in their proposal.
2) Create a certification program for those persons using soils information to propose a wastewater system. The
"certified site evaluator" would be allowed to collect site information necessary to complete a wastewater system
proposal. A certified site evaluator would not be allowed to perform acts of soil science unless the site evaluator is
also a licensed soil scientist in accordance with G.S. 89F. An engineer or other professional that wanted to be
involved in small wastewater system proposals would be welcome to become certified through this program. The
advantage of certification is that a certified site evaluator could submit a proposal for a wastewater system to a
local health department and the local health department could issue a permit with minimal or no review based upon
the certified site evaluator's work and introduce a method by which site evaluators can be held accountable for
their decisions.
3) Require that all lands that are subject to local subdivision approval that do not have access to a public sewer system
must be evaluated by a licensed soil scientist prior to recordation with the county register of deeds. Involving the
soil scientist at the beginning of a proposed development will assist the developer in making the most out of the
proposed development within the parameters of the soils available and will assist the local health department by
filtering out unsuitable properties from being proposed for development prior to the permit application stage.
In order to assist in these goals, the NCCPWE needs your help. NCCPWE needs you to perform the following actions:
1) Contact your Senator or Representative and support these initiatives.
2) Be available to testify before the House or Senate in order to discuss how these initiatives will improve the
wastewater permitting process in NC without compromising public health.
3) Write a check to NCCPWE in order to help pay for attorney's fees and legislative consultants*.
* The purpose of the financial account for NCCPWE is to collect funds to pay fees associated with promoting this
legislation. Records of contributions will be kept. In the event that the funds collected exceed the legal fees incurred, the
excess monies will be refunded pro-rata. No administrative costs will be incurred, except for the cost of checks and deposit
slips and. other office supplies necessary to deposit funds and pay bills.
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From: <BiII.Jeter@ncmail.net> (Greg Wilder)
Subject: [Ehl] North Carolina Coalition for
Dear Colleagues:
am certain that you have see the attached NCCPWE proposed initiatives
While these and other topics associated with privatization were
discussed by a stakeholders group, these initiatives were not adopted by
the group nor are they the consensus of that group. These initiatives
are not endorsed nor supported by the Division of Environmental Health
or the On-Site Wastewater Section.
Bill Jeter, Chief
On-Site Wastewater Section
EKNIQI7 D
ORANGE COUNTY ANIMAL CONTROL ORDINANCE 22
AN QRDINANCE 70 PROVIDE FOR ANIMAL CONTROL AND
PROTECTION IN GRAN°+GE COUNTY, NORTH CARDLfN~4
Please~'note that the fotiawing: sec.#ions from the' Oran ~e Cn:un: Animal
Ordinance. regarding cruel ~ .,to-anir~ais were ;~ in `~Ip ace liecaus~e~a~ th`e
inadequacy `of the NCGS to rp ;°vide legaa.pr~tection' o#.a.riiirrals. jThe~
definitions on this page support tlie~taw which is printed on the following p~a,ge.)
p.4: Section VI(-Definitions
1. Adequate Food: The provision at suitable intervals, not to exceed 24
hours, of a quantity of wholesome foodstuff suitable for the species and
age, sufficient to maintain a reasonable level of nutrition in each animal. ,
Such foodstuff shall be served~rin a receptacle, dish, or co°ntainer that is
physically clean and iri which agen#s injurious to health have been
removed or destroyed to a practical minimum. -•
2. Adequate Shelter: That steelier which will keep anon-aquatic animal dry;
out of the direct path of winds and out of the direct sun, at a temperature
at a level that is healthful for the animal, wl~rich animal containment area
shall be free of accumulated waste and~~febris so that the animal steal! be
free to walk or lie down without coming in contact with any such waste or
debris, and a suitable method of draining shall be pro~rided to eliminate
rapidly excess water or moisture. Aquatic orsemi-aquatic animals shall
have an adequate amount of clean water in v~rhich to move. ~
3. Adequate Water: A constant access to a supply of clean, fresh water
provided in a sanitary manner.
4. Animal: Any live, vertebrate creature specifically includii}g but not lim'sted
to -dogs, cats, farm animals; birds, fish grid reptiles.
11. Cruel and Cruel Treatment: Every act, omission, or neglect whereby
unjustifiable physical pain, suffering, or death is caused or permitted,
such acts or omissions shall include, but not limited to, beating, kicking,
hanging, submerge under water, suffocating, poisoning, setting on dire,
and depriving of food, water, and medical treatment, or otherwise
subjecting the animal to conditions detrimental to its health or general
welfare. Such terms, however, shall not be construed to include lawful
taking of animals under the jurisdiction and regulation of the Wildlife
Resources Commission, lawful activities sponsored by agencies
conducting biomedical research or training, lau+ful activities fior sport.
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EXHIBIT E
The Orange County Board of Commissioners expresses its general support for the North
Carolina Association of County Commissioners (NCACC) 2003-2004 Legislative Goals as
detailed below. In some instances, Orange County has not included some NCACC goals
below due to various concerns. In other instances, Orange County may have for various
reasons deleted some language that was originally part of an NCACC goal. And in some
cases, additional explanatory language has been included 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 2003-2004
(As Modified by Orange County)
Human Resources
1. Medicaid Relief
Seek legislation to implement a 6-year phase out of county participation in the costs of
Medicaid, beginning with a cap at current costs in the year 2003. (Legislative Goals
Committee Priority #1)
2. Long-term Care
Seek legislation to improve the long-term care system in North Carolina by:
- providing incentives for the employment of direct care givers,
- providing income tax incentives for in-home services provided for family
members.
- funding comprehensive long-term care planning at the county or regional level,
- expanding community alternatives for disabled adults, and
- increasing funds for Senior Centers. (Legislative Goals Committee Priority #6)
- reducing the federal, state and local incentives to institutional care
3. Latino Issues
Seek legislation to create a Study Commission that includes state and county officials to
undertake a comprehensive study of issues affecting North Carolina's Latino population;
including, but not limited to, health care and education.
4. Mental Health Services
Seek legislation authorizing county commissioners to determine the appropriate local mix of
public and private providers for those in need of mental health, developmental disabilities
and substance abuse services.
5. State Health Program Mandates
Seek legislation to eliminate unfunded state health program mandates.
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Taxation and Finance
1. Local Government Finance.
Seek legislation to allow all counties to enact any or all of several revenue options from
among those that have already been authorized for any other county. (Legislative Goals
Committee Priority #2)
2. Inspection Fees.
Seek legislation to allow county commissioners to charge a fee to offset the cost of restaurant
inspections, and other fees to offset the costs of health and environmental services.
(Legislative Goals Committee Priority #5)
3. Legislative Restrictions on withholding of funds.
Seek an amendment to the State Constitution of North Carolina stating: "Unless authorized
by an act of the General Assembly, the Governor may not withhold from distribution funds
that have been collected by the State on behalf of a unit of local government or funds the
General Assembly has appropriated or otherwise committed to a unit of local government."
(Legislative Goals Committee Priority #3)
4. Sales Tax Exemption.
Support legislation to exempt counties, cities, school boards and community colleges from
payment of state and local sales taxes on purchases within North Carolina.
5. Improvements to Automobile Property Tax Collection.
Support legislation to improve the system through which property taxes on motor vehicles
are collected.
Intergovernmental Relations
1. .Public Duty Doctrine.
Seek legislation to restore application of the "Public Duty Doctrine" to local governments.
(Legislative Goals Committee Priority #4)
2. E911 Fees.
Seek legislation to increase flexibility in the use of fees generated for the Emergency
Telephone System Fund (E911) in order to expand the ability of counties to use these funds
for purchase or lease of any and all communication equipment associated with receiving,
processing or dispatching emergency calls for law enforcement, fire, medical, rescue or other
public safety services, to include more effective use of Emergency 911 Services through
funding of E911 services. (Legislative Goals Committee Priority #7) Seek legislation to
increase, flexibility in the use of fees generated for the Emergency Telephone System Fund
(E911) in order to expand the abilities of counties to track and process cellular phone
calls.
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3. Economic Development Incentives/Tools.
Seek an amendment to the State Constitution that grants local governments additional
authority and tools that pertain to economic development, including Economic Development
Financing, in order to create jobs in North Carolina.
4. Funding Regional Commission.
- Seek legislation to maintain and expand the state's existing financial assistance to
regional Councils of Government.
- Support legislation that would allow the 17 Lead Regional Organizations to study
options that allow for greater regional cooperation through councils of
government.
5. Economic Development and Unemployment Rates.
Seek legislation establishing a mechanism that takes into account county unemployment rates
and change in unemployment rates in the application of state incentives for economic
development.
6. Local Governmental Retirement System Board of Trustees.
Seek legislation that increases local government representation and specifies that these
additional representatives must be members of the system. Current law established an
oversight boards -one for the Teacher and State Employees' Retirement System (14
members) and one for Local Government Employees' Retirement System (3 members) - in
which the State Board votes with the Local Board on issues affecting the Local Government
Employees' Retirement System.- Seek legislation that restricts the opportunity for elected
officials and legislative bodies to withdraw or sequester funds specifically designated for
the Retirement Systems.
7. Water Quality/Supply and Infrastructure.
- Seek legislation to provide financial resources and local regulatory control to satisfy
regional water quality/supply planning needs, along with the resources necessary to
meet environmentally sound water and sewer infrastructure needs.
Seek legislation that provides additional funding for the Clean Water Management
Trust Fund and the N.C. Rural Center.
- Seek Legislation to provide financial incentives to encourage the retrofitting of
facilities to diminish the use of water
- Seek legislation to establish an authority at the State level to coordinate the use of
water resources, the protection of water resources, and a regional and state-wide
emergency water resource coordination system
8. Economic Development and Growth Management Strategy.
- Seek legislation to clarify the ability of counties through their zoning powers to
implement "smart growth" strategies; including the ability to transfer density credits
or severable development rights and inclusionary zoning requirements for affordable
housing.
- Support legislation providing for State funding of affordable housing, environmental
programs, acquisition of open space, farmland preservation, rural economic
development, and economic development incentives.
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9. Transportation Planning and Funding.
- Seek increased funding of the Transportation Improvement Program (TIl'),
Metropolitan Planning Organizations (MPO's), Rural Planning Organizations
(RPO's), and local/regional transit authorities with particular attention to providing
funding to modes of transportation that are alternatives to the automobile, e.g.
mass transit, bikeways,. etc.
- Support a fundamental change in the state's planning/organizational structure
currently in use to allow for more formal input by local government and a funding
formula that provides adequate financial resources to address the state's ever-growing
transportation needs.
10. Workforce Development.
Support legislation to coordinate workforce development programs and funding of the North
Carolina Employment Training & Grant Program.
11. Library and Human Services Maintenance of Effort.
Seek legislation to repeal or revise administrative and/or other rules that require local
funding of human services and libraries at continuous levels in order to receive state human
services funding and library funding (with library funding coming from the State Aid to
Public Libraries Fund).
12. Affordable Housing.
Seek 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.
13. Homeland Security and Regional Emergency Preparedness.
Seek legislation to re-establish and fully fund the Regional Emergency Management Program
and support state efforts to provide planning services for homeland security on a regional
basis.
14. Ordinance Authority and Enforcement Mechanisms.
Seek legislation to obtain ordinance authority and enforcement mechanisms comparable to
municipalities as to nuisance abatement, regulation of unsafe buildings, and minimum
housing codes.
I5. Retirement System Resources.
Support funding initiatives designed to bolster the Local and State Retirement Systems'
ability to provide quality customer service to their members.
16. Annexation
Support legislation to require the approval of the Board of County Commissioners of an
adjoining county when a city in which the city hall is located in another county seeks to
annex property in the adjoining county.
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17. Elections Directors and Employees
Seek legislation to clarify the status of directors of elections and other elections employees as
employees of local boards of elections, entitled to the protection of the State Personnel Act
and the Tort Claims Act and represented by the Attorney General`s Office in all matters.
18. Hurricane Relief Fund
Oppose legislation that would transfer funds appropriated for the Hurricane Floyd Disaster
Relief Project in an effort to balance the state budget.
19. Compensation for taxes on land used for mitigation
Support legislation to require compensation from state agencies and units of local
government for lost property taxes when they purchase mitigation land in other jurisdictions
if it results in substantial, adverse fiscal impact to the host county.
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Public Education
1. Oppose Taxing Authority for Local School Boards
Strongly oppose legislation to authorize local boards of education to exercise independent
taxing authority. (Legislative Goals Committee Priority #8)
2. Charter Schools
Seek legislation to retain the ceiling on the number of charter schools allowed statewide and
to provide for better state oversight and accountability of charter schools. (Legislative Goals
Committee Priority #9)
3. School Construction Funding
Seek legislation to grant to all counties the authority to implement funding options available
to some counties, other than property taxes and sales taxes, to fund school construction,
school construction debt retirement or other capital needs as determined by the Board of
County Commissioners. (Legislative Goals Committee Priority #10)
4. Resolution of School Budget Disputes
Seek legislation to amend G.S. 115C-431 to:
- Make optional the requirement for a joint meeting between the local school board
and the board of county commissioners.
- Require that the courts consider factors in addition to the sum of money necessary
to support a system of free public schools to include: other funding
responsibilities of the county, prevailing economic conditions, ability to pay, and
' tax effort.
5. Standard Course of Study
Seek legislation to allocate sufficient state revenues to make the standard course of study
available in every public school throughout the state.
6. Public School Capital Building Fund
Seek legislation to assure that the Public School Capital Building Fund remains intact and to
direct the State Treasurer to report on long term commitments that are dependent on this
fund.
7. Community College Appointments
Seek legislation to allow each board of county commissioners which participates in funding
to appoint one county commissioner to the Board of Trustees of the several Community
Colleges in the case ofmulti-county campuses and, if two additional members are included
on the Board, that these be jointly appointed by the boards of county commissioners of
counties which participate in funding.
8. Reinstitute State Funding of School Utility Costs
Support legislation to reinstitute state funding of local school system utility costs.
9. Add School Nursing
Support legislation to appropriate state funds to add school health personnel in all counties so
that over athree-year period the state reaches anurse/student ratio of 1:750.
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Criminal Justice
1. Service of Process Fee
Seek legislation to increase the civil service of process fee to from $5 to $25 over afive-year
period..
2. Video Poker
Support legislation that would ban video poker machines.
3. Gun Permits
Seek legislation establishing anon-refundable fee for gun permits applications.
4. Medical Care, Prisoners
Seek legislation authorizing counties to charge a $10 co-payment for prescription
medications provided to inmates who have a demonstrated ability to pay.
5. Criminal Justice Partnership Act
Seek legislation to restore full funding for the Criminal Justice Partnership Act.
6. Appeal, Juvenile Treatment Orders
Seek legislation to amend G. S. 7B-2604 to give the county the right to appeal when a judge
issues an order that a juvenile be evaluated and treated at county expense.
Agriculture
1. N. C. Cooperative Extension.
Support legislation to maintain the funding for the Extension function and the Research
function housed within NC Cooperative. Extension.
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