HomeMy WebLinkAboutRES-2003-027 Resolution Regarding Legislative Matters-~S -~ac~3 - da 7
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NORTH CAROLINA
RESOLUTION :REGARDING'
ORANGE COUNTY LEGISLATIVE '.MATTERS
BE IT 'RESOLVED by the Board of County,Commissioners of
Orange'County that the Board hereby requests 'the Senators and
Representatives representing Orange County to take the following
position 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 aportion 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 i
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.:sold overseas, and eliminating an interest expense I~
deduction for banks; '
4) Support legislation to reinstitute 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) Support legislation to assure 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) 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
Municipalities (NCLM) positions .:regarding. state
government reimbursements to local governments.;
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TRANSPORTATION
8) Support establishing a permanent prohibition on billboard
advertisements along Intsrstate'40 [S 1098 (2001')];
9) Support increased dedicated funding for the establishment
and`mplementaton 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`subdivison plats on,pre-1.9.75 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 to maintain the Fiscal Year 2001-
2002 level of funding for State Aid to Counties ,in the
Social Services Budget. These .funds have been available
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from thestate for decades tosupport 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 maintain 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. Last year, the
Orange.County portion of this fund was reduced from
$69,b03 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 Stave is
responsible. for .providing services to children in need
of residential mental-health treatment (Example: S 1469
[1999-20001) ;
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13)`Support the reinstatement-of funding lost due to cuts
during the 'last two fiscal years to the Criminal 'Justice
Partnership Program (CJPP) and ,other alternatives to
incarceration programs with the understanding that
diverting these funds is "penny-wise and pound-foolish"
and would lead to greater costs=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;
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17) Support legislation to continue the funding of
intensive home visiting projects.,that target prevention
of child abuse and neglect;
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) Oppose cuts in funding to the University of North
Carolina. Dental Clinic;
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;
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SOLID WASTE
The State of North Carolina has not demonstrated adequate
leadership_on recycling efforts. It has fai ed_-to
implement strategies and incentives ,to encourage recycling
and :also has not insttuted'penalties sufficient to ensure
:that recycling opportunities are pursued. This deficiency
could begin to be reversed as-follows:
23)Support bottle depo it legislation.'to be applied o any
liquids bottled for human beverage consumption including
soda, juice, ,beer, milk, wine, tea, water, and all
distilled alcoholic beverages [H 772'(2002)];
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 [H 1565 (2002)];
25)Support legislation that promotes and supports the
recycling and disposal of white goods .(Additional
Information May Be Provided By Staff);
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EDUCATION
Orange County believes that cosmetic political initiatives
regarding educationthat 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
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)Legislationthatexpands 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 andfor 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
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knowledge (Additional Information;May Be Provided By
Staff);
OTHER
29)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 Coali ion for
Privatization of Wastewater Evaluations (Additiona
Information May Be Provided By Staff):;
30)Oppose:legslation involving changes to ..the P,lcohol
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 (Additional
Information May Be Provided By Staff);
31)Support legislation that continues the current level of
State funding for all existing positions in County Soil
and Water Conservation offices;
32)Support legislation requiring county commissioner
approval for .any proposed exercise of .eminent domain
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power by any utility operating in a deregulated
environment•
33)Support legislation enabling process free, gratuitous
transfers of equipment and supplies from one unit of
local government to another during emergencies/natural
disasters (Additional .Information May Be Provided By
Staff);
34)Support amending the annexation laws to require
consultation with counties, including joint city-county
public hearings, on any proposed annexation, and to
provideplanningand revenue option incentives to county..
and municipal governments that enter into cooperative.
planning agreements;
35)Support legislation to Broaden Local Government
Authority to Enact Laws to Protect Public Health, Safety
& Welfare (Senate Bil1.160); -
36)Support legislation to prohibit .the issuance of open
.burning permits on high ozone alert days {Code Orange,
Red and Purple Days);
37)Support legislation to allow counties to collect fees to-
offset the cost of restaurant inspections;
38)Support legislation that, in the event county
regulation/inspection of body piercing establishments. is
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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;
39)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;B),;
40)Support legislation that would accomplish the Triangle J
Council of Governments 2003 Regional Legislative Agenda,
which is Exhibit C to 'this Resolution, many elements of
which were and are initiatives of Orange County..
Upon motion of Commissioner seconded_by
Commissioner the foregoing resolution was adopted
this the day of ~ 2003.
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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 _, 2003 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 day
of ,.2003.
Clerk to the Board of Commissioner
EXHIBIT A
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION IN SUPPORT OF AN INCREASE IN NORTH
CAROLINA'S TAX ON CIGARETTES
March 2003':
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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 HealthyPeople 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 3`d 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 NorthCarolina 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.
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~,,,, /-/>
This the 5`h day of March, 2003. ~ . ~ Gt,~.~14/ ~~7~~`~-,-
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Margaret Brown, Chair
Orange County Board of Commissioners
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EXHIBIT B
The Orange County Board of Commissioners expresses its general upport 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
Seeklegislation 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 he 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 invited 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 ervices.
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 Furzd
(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 unemploymentxates 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 thatthese
additional representatives must be members`of the ystem. 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 restrictsYhe 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 financiaiincentives o encourage the retrofitting of
facilities to diminish the use of water
- Seek legislation'to establish an authority at the Stafe 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 abilityof counties.through theirzoning powers to
implement: "smart growth" strategies; including the ability to transfer density credits
or severable development rights and nclusionary zoning requirements for affordable
housing.
Support legislation providing for State funding of affordable housing, environmental
programs, acquisition'of open space, farmlandpreservation, rural economic
development, and economic development incentives.
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9. Transportation Planning and Funding.
- Seek funding of the Transportation Improvements Plan (TIP), Metropolitan Planning
Organizations (MPO's), Rural Planning Organizations (RPO's), and locaUregional
transit authorities.
- Support a fundamental change in the state's plaruiing/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. Workforcebevelopment.
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.
15. 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.
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 Acf
and the Tort Claims Act and represented by the Attorney General`s Office in all matters.
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18. Hurricane Relief Fund
Oppose legislation that would transfer funds appropriated for the Hurricane Floyd Disaster
Relief Project in an'efforf 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
govemment`for lost property taxes when they purchase mitigation land in other jurisdictions
if itresults in substantial, adverse fiscal impact to the host county.
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Public Education
L 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 conunissioners.
- 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
e s and c urse of stud
eek 1 i 1 v nues to make th tand o
S e s anon to allocate su icient state re e
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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
tea.
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
L Service of Process Fee
Seek legislation to increase the civil service of process .fee to from $S 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 $l0 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 he Criminal Justice Partnership Act.
6. Appeal, 3uvenile Treatment Orders
Seeklegislation to amend G. S.'7B=2604 to give he 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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EXHIBIT C
Triangle J Council of Governments
2003 Regional Legislative Agenda
In the North Carolina General Assembly
Priority Legislative Issues for the Triangle J Council of Governments
Each year the-Triangle J Council of Governments revises and updates its Regional Legislative Agenda
setting` forth the priority legislative issues of its' member local governments from across the seven-county area of
Region J. This agenda has been compiled for the purpose of conveying vitally important information to the General
Assembly for its review, consideration and use as the legislature conducts its legislative session. After taking into
consideration the various challenges;that will be confronting the State of North Carolina during its"2003=05 Session,.
it is the intent of Triangle J that this Regional .Legislative Agenda serve as am aid to the legislative delegations
serving Lee, Chatham, Orange, Durham, Wake, Johnston and Moore Counties in' assisting our cities, `towns and
counties> with their legislative needs. The following information has been set forth in priority form for this
purpose:
VERY HIGH PRIORITIES
Protect State-Collected Revenues for Local Government: Commitments are sought from Triangle J's legislative
delegations to protect` existing ,local government revenue sources. In' an environment of state budget: crisis it is
extremely important that existing state-collected local. _government revenues be protected for use by ;our cities,
towns and counties. Additionally, Triangle J seeks action by the legislature to ensure the continued availability: of
longstanding and traditional local government revenueaources. Legislation is sought, that .constitutionally limits'the
authority of the governor, to suspend, seize, or otherwise deprive local government of revenues. that are levied,
assessed, or otherwise appropriated for or on behalf of cities, towns and counties.
Provide Revenue Options for Local Government: Triangle J continues to seek egislation`that authorizes a variety
of revenue'options for local-governments to fund municipal and county services. Notwithstanding the state's fiscal
crisis and in the face of almost insurmountable growth issues demanding local governmentservices within Region J
-- transportation; .schools, water, sewer, elderly care, publicsafety, courts, solid waste, etc. -- it is imperative that
the legislature provide options to local government to address these needs. An overarching ..principle that we
propose is that`anylocal government revenue source that is presently available to one or more local governments in
the state should be available to all local governments uniformly hroughouYthe state.- Triangle J seeks authority for
local government, on a reasonable basis, o levy. local :option sales taxes, impact fees and/or taxes, land transfer
fees, increased court` cost fees, etc. Should there be an option provided on sales 'tax, it'is"further expected that
elimination of the application of this tax to food would be included. Also, Triangle J`seeks'the provision of revenue
by the'state sufficient. to cover the full cost to counties of IVledicad expenses and the-de-institutionalization of
individuals within themental health program.
Triangle J Council of Governments
Mission Statement
To serve as m~ intergovernmental organization for locaFelected officials that works proactively on regional issues in order to sustain and
_improve the quality of life far our citizens,
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Regional Legislative Agenda
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HIGH PRIORITIES
Growth Mai:agement and Smart Growtl: Strategy: Growth management and. "Smart Growth" strategies ,remain
paramount among important issues facing Region J's local governments. In view of the recommendations. of the
state's Legislative Study Commission on Smart Growth, Triangle J advocates an incentive based planning
partnership that calls upon the state to establish a clear and concise growth management policy based on the
regional principles. set forth in the commission's report. Inducements such as allowance of the "transfer. of
development rights," inclusionary zoning and housing programs, expanded local revenue sources for community
and regional infrastructure, along with state funding for planning, infrastructure financing, affordable. housing,
environmental programs, open space/farm land, rural economic development, downtown/main street development,
and other economic development incentives are recommended. Triangle J seeks approval of the foregoing, along
with adequate authority and financial support to provide public facilities necessary to any "Smart Growth" strategy
and state policy.
Transportation Planning and Funding: Multi-modal planning for the myriad transportation needs of Region J is a
.substantive issue for the future of our local governments and the region. Funding of the Transportation-
Improvements Plan .(TIP), Metropolitan Planning Organizations (MPO's), Rural Planning Organizations (RPO's),
Powell BiII Funds, local transit authorities, and the .Triangle Transit Authority are very important. Moreover,
. Triangle J advocates and seeks a fundamental change in the state's planning/organizational structure currently in use
to allow for more formal. input by local government and afunding formula that provides adequate_fmancial
resources to address the ever-growing. transportation needs of our region. Clearly the challenge for North Carolina.
is that adequate funding must be provided by the legislature to assure that our state can meet its many transportation
needs. Road and bridge maintenance is sought to adequately maintain existing infrastructure. Additionally, the ,
General Assembly is urged to make local enablingauthority uniformly available to local governments throughout
the state regarding use of video cameras for red light violation apprehension and enforcement.: Finally, it is
requested that the .General Statutes be amended to require that the N.C. Department of Transportation pay for the
non-betterment cost for relocation of city/county utilities that are relocated for a state highway improvement project
=inclusive of regional public utilities.
Water Quality/Sunn[y and Infrastructure; Long-term water quality/supply planning and wastewater treatment
needs continue to be important topics for the region. Hydrological modeling in Jordan Lake and protection
measures for the Upper Neuse and Cape Fear Rivers are extremely important and will require support from state
government. Triangle J seeks legislation to effect financial resources and regulatory control to satisfy. regional
water quality/supply planning needs, along with the resources necessary to meet environmentally sound water and
sewer infrastructure resources for the region. Additional funding for the Clean Water Management Trust Fund is
also sought.
OTHER PRIORITIES
Environmental Issues: Air quality .tops the environmental issues important to Region J. Support is sought for
financial and tax incentives following up on the Ambient Aire Quality Act (SB 953) enacted in 1999 to encourage
the use. of alternative fuels.. Triangle J seeks :legislation that promotes clean air and allows state and local
government to meet "attainment" of EPA standards.. Linkage of air .quality to the "Smart Growth," growth
management, and transportation strategies is important. Solid waste management legislation is sought to strengthen
local governments' role in recycling and authority to charge reasonable fees for recycling activities. Additionally,
Triangle J seeks funding of the state's One North Carolina Naturally Initiative, along with other open space and
green space concerns, inclusive of increased funding for farm land..preservation and other similar economic
development activities.
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Aging-and Long Term Care 1Veeds for the Older Population: Care for-the growing population of older Americans
withinour communities is an integral part of the regional concerns of our local governments. Triangle J supports
efforts to -recognize the right of every North Carolina'resident to have access to health care. Related to long-term
care Triangle J 'supports restoration of the Medicaid Community-Alternatives 'Program for Disabled Adults
(CAP/DA) to the level available on' September 30, 2001. Support is also sought for steps that address the current'
workforce shortages of direct'care workers trained and paid to assist those in need of long term care. Legislation is
necessary for an Alzheimer's Special Care Disclosure Act that would allow consumers to .make informed decisions':
about nursing home placement. In addition, there: is a need to find ways to` improve the access of older adults to
dental care services,. including support for .the special care dental delivery model" using mobile care units to :serve
long-term care facilities and senior centers'.
.Affordable Housing:. Affordable housing, as an element of land use planning and growth management, is key to
quality of life in the region. Accordingly, ,.Triangle J seeks approval of statutory amendments that' allow the
inclusionary housing provisions referenced in the'Growth Management Strategies-of this agenda: Appropriations
by the General Assembly authorizing recurring funds for the `North Carolina Housing Trust Fund' to provide new
home ownership opportunities, along with affordable rental homes for the disadvantaged are also sought.
Economic Development: Continued financial support of the World Trade Center and its link to the global trade
market is sought to assure continued economic vitality for the region. Over time this support has` been as much as
$300,000 per year, but has -been cut due to the state's budget crisis. State support, an terms of existence and
facilitation, of the various Foreign Trade Zones in the region and'the state is also encouraged.
Electric Utility Dere;aulation: Triangle J continues to express strong concern about any decision by the legislature
to deregulate. the state's electric utility,industry. However, should deregulation occur; in North Carolina, legislation
should include`provisions for local government decision-making authority regarding zoning, land-use controls,: etc.
and should bar any preemption of raditional local government authority. ,Conservation and emission pollution
control requirements on electric generation and distribution must be a part of any deregulation legislation. Clear
authority for local governments to aggregate electric utility services is sought should deregulation occur.
Indigent. and Uninsured Health'Care Delivery Costs: 'The influx of immigrant residents into the region has
'manifested itself in an ever-increasing demand on local health care services;aubsequently,`,county'governments find
themselves bearing major expenses for indigent and uninsured health care delivery costs. Accordingly, Triangle J
seeks legislation to provide state appropriations to finance health care delivery for immigrant residents who are not
sponsored, and/or who are not insured regardless ofnationalityand citizenship.'
LRO Personnel: Revisions to certain provisions of the :North Carolina General Statutes are sought to clarify the
application of particular personnel and employee guidelines. In the general administration of the various'aspects of
the council of government's business affairs, the Council generally-.follows.`the provisions of GS 160A, Article 7,
Part 4.regarding personnel for the .public<employees of the Council: Language is sought to clearly=state the
authority upon which the Council conducts its business in this regard.
State LRO Funding: The state has for many years provided an `appropriation of a small stipend in support of
regional-planning and economic development. Originally $55,000 per Lead Regional Organization was?;provided'
through the N.C. Division of Community Assistance, bufnow this amount has been reduced to @`$48,000 through
state budget cuts. Triangle J seeks to maintain this small, but important; funding for Lead Regional Organizations.
Homeland Security and Regional Emerge~acy Preparedness: The events of September 11, 2001 are self evident:in
demonstrating the need for ocal government to address security issues. From the ° 1970's until 2001; regional
councils had provided Emergency Management Services ..for over twenty-five years until budget cuts eliminated all
but a few programs. In view of the wealth of experience in 'this service area, Triangle. J seeks' support of state
efforts to provide planning services for homeland security on a regional basis, and the funding of -city and county
needs for regional emergency preparedness
Triangle J Council of Governments -Regional Legislative Agenda