Loading...
HomeMy WebLinkAboutAgenda - 04-12-2011 - 2~~AN~ BOUNTY BOARD ~F O~l~itONER ~T~D~1 AE~VDA STEM ABTRAT ~~~f ing Da#; April ~ ~, ~~ 1 ~ Action Agenda Ifet~ Nv. ~ UBJET~ Resolution Bxpring Orange Count's Opposition To Senate Bill ~~ and House Bill 7~ Regarding Redirection of Excise Tax Proceeds Away frorn North Carolina Parks and Recreation Trust Fund and Natural Heritage Trust Fund DEPARTENT~ County Manager PUB~.1 HEARING: ~YIN~ No ATTACI~MENT~~: 1NFOR~~IT~ON D~NTADT: Draft Resolution Cornrnissioner Barry Jacobs, 4~~~o Senate Bill 4~ ~ Edition ~ Frank Cliftor~~ County Manager, X45-~~~ House Biii 5~4 ~- Edition ~ PURPOSE. To approve resolution expressing Orange County's opposition to Senate Bill 4~ ~~4rr Act ~o ~o~~er ~~for~able ~oui~r 7~~ror~h ~'~ui~b~e ~~~rr"b~ior~ of the ~xoie pax} and House Bill 5~4 ~Ar~ Act ~o N~o~ify the ~i~r~bu~~or~ of Pr~ocee~ o~ ~ha ~'x~e 7'ax ~evie~ ors ~rr~~rurr~~ ~y UV~~o#~ ~r~~eref irr F~e~ ~'~o~er~y are orr~e~~re~ fa A~o~}~er~ -~ ar any sir~ilar legislation which reduces funding to the North Carolina Parks and Recreation Trust Fund ~PARTF} and the Natural Heritage Trust Fund ~NHTF~. BAD~[ROUN~: The Board of Cor~rnissioners held a public hearing on February ~, ~0~ ~ on potential items far inclusion in Orange County's legislative agenda package far the 20~~ North Carolina General Assembly Session. After the public hearing} the Board reviewed and approved multiple resolutions and associated r~aterial that requested Orange County's legislative deleg~tian introduce certain bills and expressed Orange bounty's positions on various legislative issues. It was noted at that tune that new issues may arise in the ensuing months necessitating additional BOCC review, and the Board has already addressed two issues since February `l . At the larch 1 } 2g~ ~ regular rr~eeting, the Board appraveal a Resolution in Opposition to Senate Bill 8 y No Cap on Number of Charter Schools ~ requesting changes to the proposed bill and opposition to the bill if those changes did not occur. The Beard also, at the April , ~0~ ~ regular meeting approved a resolution opposing State funding reductions #or local health departments which were proposed to the General Asser~bly in Governor Beverly Perdue's recommended budget. Boring other discussion at the April 0~~ Board meeting, Commissioner Berry Jacobs requested that the Board consider an additional legislative item - a resolution opposing Senate Bill 46~ and House Bill ~l4 as noted above. These bills call for identical actions to be taken regarding the distribution of proceeds franc the excise tax collecteal by county registers of deed on transfers of road property. As currently written, the bill would decrease the amount of remitted proceeds funding to the Parks and Recreation Trust Fund from the current ~5~~~ to ~~10, and to the Natural F~eritage Trust Fund from 25~1~ to ~ 310. The amounts v~rould be redirected to the N,~. Housing Trust Fund which would row receive o~l~ of those funds}. Excise tax proceeds are a major source of funding for those two trust funds. The Parks and Recreation Trust Fund provides dollar-for-dollar matching grants to local governments for parks and recreation projects to serve the public. To date, grange bounty has received three grants from PARTF totaling ~.~ million since ~~~~ -~ for funding of land acquisition at Little River Regional Park and Natural Area ~~~~,~~~, in conjunction with Durham bounty}, and ~~ .~ million for facility construction at cedar drove Park ~~og,g5~} and the recently~opened Fairview Park ~boo,ooo}. PARTF has also funded a number of other parks projects in chapel 1-~lill and 1-iillsborough over the past decade, Many of these, such as Fairview Park, may not have had sufficient funding to open without PARTF grant assistance. The Natural I~leritage Trust Fund is a funding source for State agencies to acquire or protect land with outstanding natural or cultural heritage value.lNhlle local governments do not directly apply for grants from NI~TF, a number of grants from this trust fund have gone toward protection of sites In grange bounty, such as Eno River State Park or ~cconeechee Mountain State Natural Area. More ir~forrnation on the Parks and Recreation Trus# Fund may be found at htt ;~1www.nc arks. ovlAbout~ rantsl artf main. h ;and NHTF at http~l~www.ncr~htf.o~~~. Loss of these revenues by the two trust funds would severely hamper their ability to fund parks or natural heritage site protection, leaving both with substantially-reduced funding for future grants. Based an the issue, and on the speed with which items sometimes move forward in the general Assembly, Commissioner Jacobs suggested that the Board consider a resolution t the April ~ ~~~ tonight's} work session opposing Senate Bill 452 ~ House Bill 5l4 and an similar Y legislation which would take funding away from these trust funds. Attached is a draft resolution for Board consideration expressing grange our~ty's opposition to Senato Sill 4521FIouse Bill `~~ and any similar legislation. Other local governr~ents are being asked to consider similarresolutions tothis effect. if the BOCK approves the resolution, ~t is suggested that a signed copy be forwarded to Orange bounty's legislative delegation, leaders of the general Assembly, bill sponsors, the North Carolina Association of County Commissioners, and the boards of commissioners for the other 99 North Carolina counties. FINA~VC~A~L 1l~PAC~': There is no financial impact associated with consideration of the resolution. PARTF has been a primary funding source for County parks projects, contributing ~,2~ million to date. R~MM~NATION~S~: The Manager recommends that the Board review the attached draft resolution, make changes as necessary, approve the resolution, authorize the Chair to sign the resolution, and authorize the Clerk to the Board to forward a signed copy of the resolution to Grange County's legislative delegation, leaders of the General Assembly, sponsors of both bills, the North Carolina Association of bounty Cornrissioners, and the boards of commissioners for the other g North Carolina counties. DRAFT ORANGE COUNTY BOARD OF COMMISSIONERS ~e~~ufion Expressing ~rana~e o~nfy' ~~poi#~on Ta Sena#~ ~i114~ and ~1o~e ~~Il ~7~ Regarding Redirecf~an of Excise Tax Proceeds sway frorr~ htort~ aroiina ~rI~s and Rcreaff~n Truf fund and hifural Heri#age Trus# Fund vi~hereas, the provision of parks, recreation and open spaces protects quafity of rife and enhances public health by promofin outdoor activity, sports and exercise opportunities, as v~ell as immense social, natural and econon~lc benefi# and an appreciation of our natural resources; and Uvhereas, the North ralina Parks and Recreation Trust Fund ~PARTF} and the Natural heritage Trust Fund ~NHTF} ~rere created to preserve natural areas, protect ~vater quality, create and expand parks, trails and gage lands; and vllhereas, legislators created these trust funds nineteen years ago and recognised the ecor~om`rc irnpartance of baiar~cing conservation and development, and in so doing dedicated a funding source far the trust funds, ~vhich receive almost ail of their funding from the deed stamp excise tax fror~ the sale of real estate; and 1~lvheres} grange bounty has specifically benefited fror~ funding assistance for the acquisition of parks and open space, the construction of parks and recreation facilit[es, and the protection of important natural areas and ~vildlife habitat receiving ~.~ million in PARTF grants since nogg for ~.ittie River Regional Park and Natural Area, cedar drove Park and the long~a~vaited and recently opened Fairview Park -- as Drell as ether facilities within the r~unicipalitie of grange bounty including a future segment of the 1Vlountains to ova Trails; end vvhereas, nevtr legislation filed in the North Carolina House ~H~ 574 and senate B ~~} would take away half of the dedicated funding for the Parks and Recreation Trust Fund ~PARTF} and the Natural Heritage Trust Fund ~NHTF}, redirecting this revenue to the North aralina Housing Trust Fund largely as a result of lobbying by hornehuilders anal realtors groups; and Uvhereas} tourlsrr~ in North Carolina generated ~7 billion in o~o,n~uch of ~rhich comes from visitors to state parks, beaches and outdoor areas ~-areas #hat exist thanks #o investment from these trust funds, anal tourisrn brings ~~50 r~illlon annually to grange bounty, much of it recreation-related; and lhereas, ~ study by the Trust for Pubic .and found that investing in conservation lands more than pays for itself ~uith every ~ invested [n land conservation refurning 4 in economic value from natural resource goods and services alone; and U11~oras, NHTF and PARTF rovnua are alr~ad don si~ni~ioan~[~r dui #o ~[~~ roa[ es~a~o s[ov~rdovun, and fh~ p~rman~nf 50°lo cud ff~a~ ~rould r~su[~ from ~B X74 and B 4~ ~rould n~an ~~a~ osen#ia~ onsorva~[on projects v~[[[ not be funded, harming ~~ ~~~~'~ ~our[srn eeonon~y, loading fe d[r~ier ~r~~r and a[~, and res[f ~n ~ ~a[~o d~clin~ of parkland, par~C fa~i[i[es andlorar~ela~ds; ~i~, TF~~~~~~E, B~ [T R~DLVED #ha# ~h~ Orange oun~y Board of ~of~C~ESion~'a e~prs~s ids opposition ~o anafe B[~[ ~~ and Ho~so ~[[~ 5~~ and~an~r ot~or sir~i[ar [egis[a~ion ~haf a~tp~s ~o rod[r~cf funding av~ay ~ron~ rho darks and Reoreafron Trust Fund and rho Na~urai i~[eri~ao Trus# Find, ~rhioh prforn~ cri~loal[y-imporfan roles in protecting Nor#h Carolina's r~a~ura[ r~sourcos and parks and open spa~o. This #~e ~ ~~~ da}~ of Agri! ~o~ F Bernadette Po[issior, hale ~-- Orane Coon#~ Board of Co~rnissianer ~~71~ ~~~ ~7L' ~~11'1 ~~LL ~~~ ho~~t Title: Distribute of Excise Tai ~~. T~t~e Z~~stz~uents. (.P~b1ic) Sponsors enata~{s ar~sfield, Bunn, glary; Apodaca, ~a~-te~l, ~en~ins, ~1t~naird, c~is~c, Rabon, rid falters. Refe~~•ed toy ~r~a~ce~ larch ~, a I 1 2 3 4 5 8 ~0 l~ ~~ ~3 14 ~5 I~ ~7 ~S ~. ~~~,~ ~~ ~~ ENTITLED AN AST ~~ E OLTER .~.~'~RD,~4.LE ~SI~C THR~~~ E~~TA.~LE D~TRIBUT~~N ~~ ~'~ ~ '~.A . The general Asse~r~bly of North ~araliea enacts E~T~~N 1, ,, ~ 05-5~3~~b~ reads as xe~z~itten: '"~b~ Tlx register of deeds of each caue~y must ren~~t tie proceeds a~ the tai ~e~~ed ~~ tl~is sectioz~ to the county finance officer, The f~na~ce o~cex o~ each ca~ty must credit one~~~al~ of the proceeds to the couety"s gene~+a~ a~und and re~r~~t the ren~ainin one-half of the proceeds, less the county"s allo~~aece for adm.inistrat~~e expenses, to the Department off' Re~en~e o~ a naox~tl~ baszs. . county ~na~ retain o percent ~2°fo} of the amoue~ of fax proceeds allocated for rern~ttance to the Department o£ Revenue as compensation fog the cor~~~ty~s cost ~~. colect~ng anal zex~itt~~~ the tatets share of tl~e tax, ~~` the foods remitted to ~t pu~~suant to this sect~On, the Depart~~ent of Revenue must c~ed~t ~ fi# ercent o°l~} to the North Carolina ~aus~n Trust fund established u~de~~ .. ~~~E~3, thirty-seen peg;cent ~3~'°~0~ to t~~e far a~ad Recreation Trust ~u~.d established under ° .. ~ 1 ~,~~. ~ 5, and thi~~tee~a pe~~~e~at ~ ~ ~°Io~ to tlae Nataral ~eritae Trust Fund established unde~~ ~~ ~ ~~77~~f"' ~T~O~ ~. This act becomes ef~`ectl~e ~~~~ 1, ~~ ~, and applies to l~struments ~~ecorded on or aver that date. y E~; ~ ,; , i ;s ~ .s i i ;: 6i i E a ~ k ~ ! I' ~i i S; ~ ~ S 4 6 2 V~~~ ~~~ ~~~~ ho~~# ~t#~e; ~~s#~~~~#ion hod ~'o ~~cise ~'a. ~~ on~e~rances. ~Pubtic} Sponsors Represe~~#~#i~e ~a~~, ~~~~~an, R, aa~e, and Adat~xs {~'ri~nar~ pansors~, for ~ ca~~~c#e lis# a~' ~ansors, gee 8~~~ ~nfor~na#ian on #~~e ~~. Leh Si#e, ~efearx•ed #o: ~p~ro~xia#ions, A BZ~~ '~~ ~ ~~~~~~ ~ A ~,T ~'~ ~~~~FY ~'~ ~ D~~'RI~'~~ ~~ ~~~ ~D ~~ ~'~E ~~ TAB 3 ~~IED ~ -~' TR~N'~T B~ '~~C~ I~'E~ST I~ .A..~, PR~~~~.~~ ~ 5 ~'he general ~ssen~hi~r ofIo~~#h at•o~ina enac#s. ~~'~`~~~ ~., ,. ~~~8.~a~b~ ~'eadS a re~~rl#~e~, ~ "fib} ~'he reps#~~ of deeds of each co~.r~# na~s# remit #~~e proceeds ~~ the #a~ ~e~ied b~ #his sec#~an #o the cou~#y finance ~~`ficer. the ~~ance of#"~cc~• of each caun#~ mus# c~redi~ ~ one-half ~f the proceeds #o the co~tn#y's ene~•a~ fund and re~n~~ the re~nain~~a one-half of the ~ 0 proceeds, less the caun~s 11o~a.nce four adminzs#xa#i~re expenses, #o the ~epa~~~nen# ~ ~ ~ e~en~e an a ~nonthty basis. A coua~#~ t~a~ re#a~n i~~o pereen# ~°I~} of the aaun# of #ax ~~ p~•oceeds a~~aca#ed for rez##ance #o the epar#men# of Revenue as co~pensa#ion for the ~ ~ CQUn's C0# Z~~ cO~~eC~1n ~~~ ~'e1~~n ~~~ #e~s sh~~`e ~~ the ~~~, ~~ the funds r~nll~ed #0 1# ~4 puz~s~aan~ #o #h~s _ see#ion, the Depaz~#men# o~ ~.c~enu.e ~nus# crodi# ~-c,feA~ ~r ~ Y e ~~,•n~~~ ~~'~~~, ~5 perce~~_~~~~/~~ #~ #~.e o~~~ ~a.rolina,.~ausin ~'~rus,~_~~und esfab~~shed undex~ _C..1~2y, i~ thiz~r~se~en perc~n~~ ~37~/~~_,#o #k~e Par~CS a~.d ~eerea#~a~~ ~'xus#w~.~`r~r~d e#a~~~s~~ed und.e~• ~ 7 , ~ ~~-~~e_~.~~~ !n r n 14 C, , i ~ -44, ~ 5, and thir#een percen#~ (~ 3 ~~~} to ~ the ~#uza~ Heri~a.ge ~`r~s# fund es#a.~lished ~~nde~• .. ~ t 3-77.x." ~ ~ ~T~~N ~~ phis a.c# becan~es effee#ive duly ~, ~a ~ ~ ~ and apexes #o ins#rurnen#s 2~ recorded on o~~ af#er ~ha# da.#e. i,3 .~~ ,r~: