HomeMy WebLinkAboutAgenda - 09-06-2012 - 7b GI
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 6, 2012
Action Agenda
Item No. 7-b
SUBJECT: Orange County's Recommendations Regarding Goals for Inclusion in the North
Carolina Association of County Commissioners' (NCACC) 2013-14 Legislative
Goals Package
DEPARTMENT: County Commissioners PUBLIC HEARING: (YIN) No
County Manager
ATTACHMENT(S): INFORMATION CONTACT:
Commissioner Earl McKee, 245-2130
1) 7/13/12 Memo— NCACC Solicitation of Commissioner Barry Jacobs, 245-2130
County Legislative Goals Proposals Frank Clifton, County Manager, 245-
for 2013-14 2300
2) Draft Resolution — Recommendations Greg Wilder, Manager's Office, 245-
Regarding Goals for Inclusion in the 2314
North Carolina Association of County
Commissioners' (NCACC) 2013-14
Legislative Goals Package
3) Orange County's 2012 Resolution
Regarding Legislative Matters With
Exhibit (Statewide Matters) and 2012
Areas of Support and Items of
Interest Documents
4) North Carolina Association of County
Commissioners' (NCACC) 2011-12
Legislative Goals Package
5) September 2, 2010 BOCC Adopted
Resolution Regarding Goals for
Inclusion in the North Carolina
Association of County
Commissioners' (NCACC) 2011-12
Legislative Goals Package
PURPOSE: To consider and approve a Resolution Detailing Orange County's
Recommendations Regarding Goals for Inclusion in the North Carolina Association of County
Commissioners' (NCACC) 2013-14 Legislative Goals Package.
BACKGROUND: Every two years, the North Carolina Association of County Commissioners
(NCACC) organizes a process to develop a legislative goals package. The purpose of the
package is to develop a consensus of broad support on legislative goals and issues for matters
affecting North Carolina counties that may be addressed by the North Carolina General
Assembly during the next two calendar years. The goals and issues included in the package,
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with their broad support, guide and strengthen NCACC representatives and staff as they
converse with individual legislators and committees on legislative matters.
NCACC began the process to develop its 2013-14 Legislative Goals Package in July 2012. As
noted in Attachment 1, North Carolina counties have been asked to submit proposed legislative
goals for consideration for inclusion in the package, with a submittal deadline of September 17,
2012.
The County's Legislative Issues Work Group (LIWG), including Commissioners Barry Jacobs
and Earl McKee, County Attorney John Roberts, and County Manager's Office staff, has
recently met and developed a draft resolution for Board consideration that outlines several
proposed legislative goals for inclusion in NCACC's 2013-14 package. The LIWG's draft
resolution is provided at Attachment 2 (Pages 30-32). The Board will likely want to discuss
the draft resolution and possibly add to, delete from, and/or revise the language of the proposed
goals included in the draft.
In an effort to assist the Board in considering possible goals to forward to NCACC, a copy of the
Orange County's 2012 Resolution Regarding Legislative Matters (Statewide Matters) and the
2012 Areas of Support and Items of Interest documents are provided for reference purposes at
Attachment 3. This Resolution and two other documents were approved by the Board on April
3, 2012 for the 2012 General Assembly Session.
A copy of the NCACC's 2011-12 Legislative Goals document is also provided for reference at
Attachment 4, and the Board's September 2, 2010 resolution providing input on those goals is
provided at Attachment 5. These documents may also be worthy of review and may provide
some insight on potential goals to propose to NCACC for 2013-14.
FINANCIAL IMPACT: There is no financial impact with considering and approving a resolution
detailing Orange County's Recommendations Regarding Goals for Inclusion in the North
Carolina Association of County Commissioners' (NCACC) 2013-14 Legislative Goals Package.
RECOMMENDATION(S): The Manager recommends the Board:
1) Discuss potential goals for the North Carolina Association of County
Commissioners' (NCACC) 2013-14 Legislative Goals Package;
2) Discuss and consider the LIWG's draft Resolution Detailing Orange County's
Recommendations Regarding Goals for Inclusion in the North Carolina
Association of County Commissioners' (NCACC) 2013-14 Legislative Goals
Package(Attachment 2);
3) Add to, delete from, and/or revise the language of the proposed goals
included in the draft resolution;
4) Approve and authorize the Chair to sign the resolution as presented or
amended; and
5) Direct the Clerk to the Board to forward the approved resolution, the NCACC
Legislative Goals Proposal Form, and any other related materials to NCACC
by the September 17, 2012 deadline.
NO, R T H C A R O L I N A
ASSOCIATION OF COUNTY COMMISSIONERS
Memorandum
To: County Board Chairs,County Commissioners,County Managers,Clerks and Affiliate
Organization Presidents
From: David F.Thompson,Executive Director
Date: July 13,2012
Subject: NCACC Solicitation of County Legislative Goals Proposals for 2013-14
The time is here for us to begin our legislative goals development process for the 2013-14 biennium.We
are inviting counties to submit their legislative proposals to the Association. Our goals development ..
process is open, inclusive and deliberative. It is designed to give all 100 counties a voice in developing
our legislative agenda.
This Association is the only organization in the state that truly represents all the citizens of North
Carolina. For each biennial session of the General Assembly, counties submit legislative proposals, and
commissioners from across the state review and recommend them to our members.Legislators know and
appreciate that all 100 counties have the opportunity to be involved in our process.
Receipt of your county's proposals is instrumental to our process. Attached is a form for submittal of
2013-14 legislative goals proposals, a legislative goals handbook that delineates NCACC's legislative
goals process, and a list of the progress made on the 2011-12 legislative goals.Due to your efforts,many
of our goals were achieved. Reviewing these issues may be helpful in contemplating new goals or
revisiting ones that need farther action.
When submitting your goals,please keep in mind the following:
• Complete the accompanying goal proposal form.
• Goals may be submitted in any of the following formats: a resolution approved by the Board of
Commissioners,a letter from the Chairman of the Board on behalf of the entire board,or by letter
from an affiliate organization.
• Proposed goals received on or before Sept. 17 will be referred to the appropriate steering
committee for review and consideration.
• Proposed goals received after Sept. 17 will be sent directly to the Legislative Goals Committee
for review.
As referenced above,this packet includes the 2012 NCACC Legislative Goals Handbook.This handbook
contains information about the rules,procedures and guidelines for the legislative goals adoption process.
Please note the following schedule for your planning purposes.
Legislative goals development timeline
• Sept. 17,2012 Goals submission deadline
• September-October Steering committees review goals
• November Legislative Goals Committee meets
• December Board of Directors reviews and finalizes recommendations
• Jan.24-25,2013 Legislative Goals Conference,membership approval of goals
If you have any questions, please do not hesitate to contact me or Kevin Leonard, NCACC Deputy
Director.
215 N.Dawson St,Raleigh,NC 27603*Phone:(919)715-2893*Fag:(919)733-1065*www.ncacc.org
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2013-14 biennium
LEGISLATIVE GOALS PROPOSAL FORM
All proposals due to NCACC by Sept. 17,2012
pby
Mail to NCACC,Attn.: Kevin Leonard, 215. N. Dawson St.,Raleigh,NC 27603;
COUNO e-mail to ncacc@ncacc.org; or fax to(919)733-1065
Attach one or more of the following to this form:
Legis at
• An adopted resolution by the Board of Commissioners; Ive Goals Timeline
• A letter from the Board Chairman on behalf of the Board;
and/or Sept.17:Deadline for
• A letter from the president of an affiliate organization. submission of proposals
• Any other documentation or materials that support the Sept.–Oct.:Steering
proposed goal.
committees review goals
If you have questions,contact Kevin Leonard at(919) 715-4369 November:Legislative
or kevin.leonard@ncacc.org.
Goals Committee reviews
-steering committee
reco
mmendations,
' hate approves package of goals
for Board of Directors
Name of countyaffiUate organization : December:Board ot
Directors finalizes package
to be presented to full
Name an d Itit I e:of person s 0 h ffi i tt i n'
g goa embership
m
Jan.24-25,2013:
Phone I~rra�l
Membership adopts goals
at Legislative Goals
GOaI title
Conference
..........
problem A
p
Goal descri ` ("-h h
"!v
Select Steering
Committee(s)
You may choose more than one
Agriculture
Environment
71
Human Services
%
Intergovernmental
Relations
Justice and Public Safety
Public Education
County staff contact rf other than sub►natter —IN,
Tax and Finance
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N O R T H C A R O L I N A
ASSOCIATION OF COUNTY COMMISSIONERS
LEGISLATIVE GOALS
HA"BOOK
FALL 2012
SECOND EDITION
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THE NCACC LEGISLATIVE GOALS PROCESS
Mission Statement
The Association's Legislative Goals process is thoughtful, deliberative, inclusive and fair. The
investment of time and energy, and value of full discourse, strengthens our Association as we
navigate the legislative currents. The process is designed to create an informed grassroots
organization and to build A cohesiveness of purpose within the organization that in turn, grants a
degree of credibility to the Association that is unique. All counties and all county officials are
invited and encouraged to participate in the Legislative Goals process.
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CONTENTS
This handbook is intended to offer the reader an overview and guidance about the rules and
processes used to develop the legislative agenda of the North Carolina Association of County
Commissioners. Information is presented in a format that tracks the chronological course of
action for the goals adoption process.
Page 6 Background&2012-13 Timeline
Page 7 Stage 1 - Seeking Goal Proposals
Page 8 Stage 2- Steering Committee Review
Page 10 Stage 3 -Legislative Goals Committee
Page 11 Stage 4-Board of Directors Consideration
Page 12 Stage 5 -Legislative Goals Conference
Page 14 Guidance Outside of Legislative Goals Process
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Background and 2013-14 Adopted Timeline
Every two years, in the months preceding a long session of the General Assembly, the North
Carolina Association of County Commissioners engages in a process to determine the legislative
goals it should seek in the best interest of the counties. The process is thorough, deliberative,
and time intensive. It is designed to allow for input from as many county commissioners and
other county officials as possible. By participation from so many of the
organization's members, it is possible to reach agreement on goals that are important to all
members of this diverse organization.
The NCACC goals-setting process begins in July of each even-numbered year and consists of
five stages. These stages are described in detail in this handbook.
Below is the recommended timeline for the 2013-14 legislative goals process:
Legislative Goals Process Timeline
When Jjwhat
September 17'b —]Submission of county goal proposals deadline
September-October _]ISteering committees review goals
November Legislative Goals Committee reviews steering committee recommendations,
approves package of goals for Board of Directors
1December Board of Directors finalizes package to be presented to fun membership
jJanuary 24-25,2013 IMembership adopts goals at Legislative Goals Conference
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Stage 1-Seeldng Proposed Goals(July-September)
The Association's goals-setting process begins with an effort to elicit proposals that
members think should be part of the county legislative "package" for the upcoming
legislative biennium. Through Coup Lines, e-mail communications and other means, the
Association solicits proposals from county boards of commissioners. Suggested goals can
be submitted via adopted resolutions from full boards, from the Board Chairmen via letter
on behalf of the full boards, and from the fifteen affiliate and related organizations (which
are groups of county officials/staff organized by function) via a letter from those
organizations'presidents.
Presently,the following organizations are included as Affiliate and Related organizations:
Affiliates
• Association of North Carolina Boards of Health
• Human Resources Directors'Association of North Carolina Counties
• N.C. Association of Assessing Officers
• N.C.Association of County Boards of Social Services
• N.C.Association of County Attorneys
• N.C. Association of County Clerks to the Board
• N.C.Association of County Directors of Social Services
• N.C. Association of County Finance Officers
• N.C. Association of Emergency Medical Services Administrators(NCAEMSA)
• N.C.Association of Local Health Directors
• N.C.Association of Registers of Deeds
• N.C. Tax Collectors'Association
Related Organizations
• Joint Regional Forum
• N.C. City/County Managers Association
• N.C.Association of County Department of Social Services Attorneys
The Association intentionally casts a wide net to encourage inclusiveness and full
membership participation. Discussion and action on proposed goals by full boards of
commissioners is requested because this interaction contributes to the deliberative process
and builds consensus.
Counties are provided a form on which to submit proposed goals. This streamlines the
internal processing of proposals. Forms can be requested by contacting the Association
office or can be accessed on the NCACC website at www.ncacc.or . A sample form is
included in the Appendix of this handbook.
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Stage 2 -Steering Committee Review(September—October)
The Steering Committee Review is the first step in our legislative goals development
process. The Association has seven Steering Committees, organized by subject matter.
These are permanent, standing committees. Membership on the Steering Committees is
open to any county official—elected, appointed or administrative; chairs are appointed by
the Association President following each annual conference.The Steering Committees are:
• Agriculture
• Environment
• Health and Human Services
• Intergovernmental Relations
• Justice and Public Safety
• Public Education
• Taxation and Finance
Proposed goals are sorted according to subject matter by NCACC staff and referred to the
appropriate Steering Committees for review. Steering Committees may hear from county
officials who submit goal proposals and also may review staff research and analysis. The
participation of county staff on Steering Committees provides professional expertise that is
critically important as a "reality check" when Steering Committees deliberate the
Practicality of proposals, discuss how proposals could or should be modified,consider how
they align with other proposals,and suggest revisions to better meet the needs of the county
"family." Though staff expertise is critical, particularly at this early stage, as the goals-
setting process moves forward, it is increasingly controlled by elected county
commissioners.
During the goal setting process the steering committee members are asked to make specific
recommendations or actions about each submitted goal. The committee actions include,
but are not limited to:
• Favorable — A goal is approved to send to the Legislative Goals Committee for
further discussion and consideration.
• Amend—The committee may revise or amend a proposal.
• Unfavorable—The committee declines to send the goal forward.
• Forward Without Prejudice —The Committee has no opinion on the proposal, but
wants the Legislative Goals Committee to consider it.
• Needs Further Study — The Committee has insufficient information to make an
informed decision and requests that the sponsors either do further research or bring
back answers to particular questions at a later date.
In addition to considering proposed goals submitted by counties and partner organizations,
the Steering Committees review goals from the previous legislative session to determine
whether they are still relevant and should be continued. The committees are also
empowered to develop their own suggested goals when needed.Each committee submits its
proposed goals to the Legislative Goals Committee.
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Policy Statement Review
The Steering Committees also review the Association's subject area Policy Statements.
The Policy Statements are general declarations of ongoing positions that give guidance on
broad policy objectives, such as "no mandates without funding." These statements also
guide the staff in dealing with unanticipated issues that arise in the legislative context or
that affect the counties in other ways,as with proposed administrative rules and regulations
or state agency policies.
Because the Steering Committees are ongoing and have broad member participation, they
are a critical first step in the Legislative Goals development process. The committees meet
quarterly and are available to review legislation during the legislative session;they are used
to guide unanticipated legislative action and to recommend any actions that might be
advisable to the NCACC Board of Directors for formal consideration and action. This
issue is described in greater detail in a later section included in this handbook.
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Stage 3-Legislative Goals Committee(November)
The Legislative Goals Committee is a non-standing committee. It is newly appointed every
two years and meets as needed. Members are selected to assure balance with respect to
political affiliation, county population, race, gender and other demographic characteristics.
Two co-chairs, a Republican and a Democrat, are appointed by the NCACC Association
President to lead the Legislative Goals Committee.
The members of the Legislative Goals Committee traditionally include:
• Each Steering Committee Chair(appointed by the President)
• Affiliate organization representatives(the president of the affiliate organization)
• A Joint Regional Forum representative
• An elected commissioner from each of the Association's 18 districts
• Other members as appointed by the President.
The Legislative Goals Committee reviews the recommendations of the Steering
Committees. Steering Committee chairs present their committee's recommendations. The
county official-s who want to advocate their proposals are allowed to make presentations to
the Legislative Goals Committee. The committee also reviews research and analysis
related to the proposals.
The goals development timeframe requires that the Legislative Goals Committee hold its
meetings during the busiest political season of the year for counties. The process always
takes place during an election year for counties, and the campaign season is always
underway when the Legislative Goals Committee and Steering Committees are deliberating
their proposals. While this may be inconvenient, it is necessary. It is also beneficial to the
process,in that critical issues are often in front of the public and commissioners.
The Legislative Goals Committee may narrow the list of proposals; it also reconciles
conflicts or overlaps between steering committee recommendations, and prioritizes its
recommendations. The proposals are then submitted to Board of Directors for
consideration.
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Stage 4-Board of Directors(December)
As the Association's goal-setting process moves forward, the elected county
commissioners become more and more involved in the decision-making process. The
Board of Directors is almost exclusively elected commissioners,with the one exception of
a non-voting county manager.
At its December meeting,the Board reviews the recommendations of the Legislative Goals
Committee. As at earlier stages of the process, the Board may hear presentations, review
research and analysis,add,delete or amend proposals and policy statements.
The Board gives final approval to the package of proposals and policy statements that are
to be voted on by the M membership at the Legislative Goals Conference in January. By
taking this action in December, the individual county boards of commissioners have time
and opportunity for a full review prior to the conference.
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Stage 5-Legislative Goals Conference(Jan.24-25)
The final stage of the Association's Legislative Goals process is the Legislative Goals
Conference, to which all Association members are invited. Historically, more than 85
counties are represented, exemplifying an outstanding degree of interest and participation.
The conference is spread over a day and a half, assuring time for thorough discussion,
deliberation and debate. In recognition of the need to involve newly elected commissioners
in the process, the Board appoints a Screening Committee to receive any new proposals
that have not been through the development process by this stage. This process is
discussed in greater detail below.
The goals conference is conducted according to rules designed to encourage participation,
to provide a balance between inclusiveness and respect for the process and efforts of the
committees and the Board up to this point. The conference begins with a pre-lunch
nonvoting discussion of the proposed goals. This allows commissioners not previously
involved in the deliberations, particularly newly elected commissioners, to improve their
understanding of the issues.
Voting Process
• Every member county appoints a voting delegate to the conference.
• Every county in attendance has one vote. The voting delegate can be any county
official, including non-elected officials, and a county may choose an alternate. No
proxies are allowed.
• Goals are presented by steering committee subject category. Upon motion of any
voting delegate,a proposal can be set aside for detailed discussion.
• Majority votes are required to approve or alter the proposed goals.
Screening Committee Process
The Association has a Screening Committee process to allow for consideration of newly
proposed goals or proposals previously presented but not approved. The Screening
Committee is composed of the Legislative Goals Committee chairs and the seven Steering
Committee chairs. The Screening Committee meets at the end of the first day of the
conference to review and hear presentations on any newly submitted proposals.
The rules under which the Screening Committee operates are designed to provide for fair
consideration.of new or previously unsuccessful ideas.
Rules for the Screening Committee process are as follows:
• Any new or previous goal proposal must be submitted to the committee by
1 p.m.on the first day of the conference.
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• Goals approved and recommended by the Screening Committee are brought to the
floor for consideration by the voting delegates on the second day of the conference.
A majority vote of the delegates is required for approval.
• Any proposal not approved by the Screening Committee can only be brought to the
floor for consideration upon a vote of two-thirds of the number of voting delegates
present at 2 p.m. on the first day of the conference. This requirement recognizes that
by the end of the second day, voting delegates may leave, and it protects the
members from having their goals process circumvented by what could be a
relatively small number of delegates.
• The Screening Committee has the authority to request a Steering Committee to give
further study to newly proposed ideas. Any Steering Committee recommendations
that derive from this kind of study can be presented to the Board of Directors for
consideration at a later date.
Conclusion
All goals and policies receiving a favorable report at the Legislative Goals Conference are
included in the official final NCACC Legislative Goals package. The official document
containing the organization's goals and policy statements shall be mailed to all 100 counties and
presented to each member of the North Carolina General Assembly, to the Governor, and to
other executive branch leaders.
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Guidance Outside of Legislative Goals Process
Throughout the legislative biennium, new issues will arise that were not anticipated or
considered during the organization's legislative goals process. The Association Steering
Committees have the authority and responsibility to study new issues, to research and analyze
the effect or implications of proposed legislation, and to make recommendations to the Board of
Directors. Any such action is communicated on a regular basis to the Association members
through the web-site,through CoLm Lines,, and through other means as needed.
Upon recommendation of the co-chairs of the Legislative Goals Committee,the committee may
meet between the legislative long and short sessions, to review goal progress and make
suggestions to the Board of Directors related to goal priorities,especially given an ever-changing
legislative environment.
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Appendix
2013-14 blenniwn
LEGISLATIVE GOALS PROPOSAL FORI'Ill
M proposals dueto NCACCby,Sept 27,2012
r�'Catix� Mal to NCACC,Attn.:Kevin Leonard,215.N_Dawson St,Raleigh,NC 27603;
e-ml to ncamOncacr org;or fax to(9191 733-1065
Attach one or more of the following to this farm- III
* An adopted r sohdian by the Bond of Commisumtets;
Ales#erfrom the Boad Chafimm oabeltalfoftheBout
and/or OLadline for
A letter from 9be president of an affiliafa organization submission of proposals
• Aay other dommentation ormatm:ials that support 13te ,
If 3mu ha4a questions,contact Ke&Lecmmd at{919)715-4354
Novembe-j-Legislative
steering orlcevinlear�atd'a caccorg
Committee
approves package of goaLs
for Board of l
{ Directors
Natile OlFcosrrtYjfi�fate o�rgao®Uri December.Board of
Directors fin2lues p a
To be presented to full
membership
3iameand hde aTperson submrting gtiaL
Jan.Y t }
Y
Membership adopts
at Legislative
Conference
_Gaaf tide
aidesrnptwn�vv a"IS, Pro 61h ertygaddeesset�+)
SelectSteefing
Commimee(s)
Yor.napdumm mare than atta
—Agriculture
Environment
—human Services
_ Intergovernmental
Relations
_Justice and Public Safety
Public Education
Cgtmt7F staffcornact dotFttran sunmPr ^Tax and Finance
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NORTH CAROLINA
ASSOCIATION OF COUNTY COMMISSIONERS
215 NORTH DAWSON STREET
RALEIGH,NORTH CAROLINA 27603
919-715-2893
WWW.INCACC.ORG
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NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS—2011-2012—LEGISLATIVE GOALS
This document provides a summary status report of the county legislative goals adopted in the 2011-12 biennium. Goals
are presented by steering committee area,with the following symbols depicting each goal's progress:
Goal Accomplished kt Goal Partially Accomplished � Goal Not Met
Counties are encouraged to use this progress report when considering what legislative goals should be submitted as a part
of NCACC's legislative goals process for the 2013-14 Legislative Biennium.
NCACC staff will provide a thorough review and discussion of these goals during the steering committee legislative goals
review process. County members are invited to join a steering committee, with steering committee meetings to be
scheduled in September and October,2012.
Priority Goals
1. ./Oppose shift of state transportation responsibilities to counties — Oppose legislation to shift the state's
responsibility for funding transportation construction and maintenance projects to counties.
2. &einstate ADM and lottery funds for school construction — Seek legislation to fully reinstate the Average
Daily Membership funds and Lottery proceeds to the Public School Building Capital Fund.
3. OEnsure adequate mental health funding
• Seek legislation to ensure adequate capacity of state-funded acute psychiatric beds.
• Oppose legislation to close state-fimded beds until there is adequate capacity statewide.
• Seek legislation to maintain the existing levels of state funding for community mental health services.
4. O- Preserve the existing local revenue base.
S. '-,."/Authorize local revenue options—Seek legislation to allow all counties to enact by resolution or, at the option
of the Board of Commissioners, by voter referendum any or all revenue options from among those that have been
authorized for any other county.
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NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS-2011-2012-LEGISLATIVE GOALS
® Goal Accomplished Goal Partially Accomplished Goal Not Met
Agriculture
1. OSupport conservation of worldng lands and farmland preservation - Support legislation to promote and
preserve working farmlands by including these lands in the state tourism plan, by retaining the current authority for
the present use value system, by maintaining funding for the Ag Development and Farmland Preservation Trust, and
by authorizing counties to implement transfer of development rights.
2. OFund agricultural resource and extension services- Support legislation to increase ag research and extension
services and maintain existing research stations at current levels.
3. OSupport Sustainable Local Food Advisory Council recommendations- Support legislation to implement the
Sustainable Local Food Advisory Council's recommendations including a prohibition against municipal involuntary
annexation or regulation of farm or forestry activities within a voluntary agricultural district or conservation district
and support state funding to maintain and enhance the North Carolina Transition Network.
4. `"'JMaximize availability of adoptable animals - Seek legislation to increase adoption opportunities for county
animal control facilities by clarifying ownership proof and increasing shelter director discretion.
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a NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS-2011-2012—LEGISLATIVE GOALS
®
O
Goal Accomplished Goal Partially Accomplished Goal Not Met
Environment
r
1. �^ Enhance river basin monitoring and streamline rule-malting - Enhance monitoring for all river basins in
North Carolina and review the rule-making process to enhance regional cooperation.
2. OStreamline water supply reservoir permitting - Seek legislation to streamline local water supply reservoir
permitting without sacrificing the scientific rigor of Environmental Impact Assessment and ensure adequate
opportunities for public and local official comment.
3. OAuthorize county oversight of bio-solids disposal - Support legislation to authorize counties to regulate, but
not prohibit, bio-solids application activities, including the acceptable 'classes" of bio-solids for application and the
prohibition of bio-solids application in certain environmentally sensitive areas.
4. (�DClarify yard waste facility runoff statutes-Seek legislation to clarify that runoff from yard waste staging areas
at county landfills does not require wastewater treatment.
5. @Create study commission on horizontal drilling, hydraulic fracturing and uranium mining - Seek
legislation to create a Study Commission on horizontal drilling and hydraulic fracturing for shale gas deposits and
uranium mining.
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NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS—2011-2012—LEGISLATIVE GOALS
Goal Accomplished Goal Partially Accomplished Goal Not Met
Health and Human Services
1. &nsure adequate mental health funding
• Seek legislation to ensure adequate capacity of state-funded acute psychiatric beds.
• Oppose legislation to close state-funded beds until there is adequate capacity statewide.
• Seek legislation to maintain the existing levels of state funding for community mental health services.
2. Retain state aid to counties-Seek legislation to retain the State Aid to Counties to maintain federal matching
funds.
3. OAHow county flexibility to organize local human services
• Seek legislation to allow counties to organize human services based on community need,including the removal of
the population threshold in 153A-77.
• Oppose legislation that would mandate consolidation of social services functions.
4. (Y)Maintain childcare subsidy funds and allocate to counties
• Seek legislation to allocate all childcare subsidy funding directly to counties.
• Oppose legislation that would reduce childcare,subsidy funding.
5. OMaintain TANF funds to counties - Seek legislation to maintain existing levels of county TANF funding to
support and fund county DSS programs.
6. OMaintain childcare subsidy administration - Seek legislation to maintain the Child Care Subsidy
Administration funding at 5 percent
t��)
7. WJncrease state/county special assistance residency requirements- Seek legislation to increase the number of
days to establish residency for Special Assistance from 90 to 180 days, except for persons who have entered the state
to be supported by a close relative.
S. `_:/Require back-up generators for adult-care homes - Seek legislation to require all new adult-care homes to
have back-up generators prior to receiving certificates of occupancy and require all existing adult-care homes to be
equipped with back-up generators within three years.
9. OExpedite NCFAST automation and policy simplification- Seek legislation to expedite the implementation of
NC FAST and ensure automation builds on program and policy simplification and includes interface protocols.
V--\
10. U/ Retain "electing"counties' financial incentives- Seek legislation to retain financial incentives for counties to
be"electing"counties.
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NORTH CAROLINAASSOCIAnoN OF COUNTY COMMISSIONERS-2011-2012-LEGISLATIVE GOALS
l Goal Accomplished Goal Partially Accomplished k-^J Goal Not Met
Intergovernmental Relations
1. 00ppose shift of state transportation responsibilities to counties - Oppose legislation to shift the state's
responsibility for funding transportation construction and maintenance projects to counties.
2. annexation laws-Seek legislation modernizing annexation laws.
3. 00ppose collective bargaining for public employees - Oppose legislation to authorize local governments to
enter into collective bargaining agreements with public employees,or to mandate dues check-off programs..
4. 0implement combined motor vehicle registration and property tax collection system - Seek legislation to
ensure that the combined motor vehicle registration and property tax collection system is implemented within the
statutory deadline.
5. Oprotect local control of ABC system - Seek legislation to protect local control of the local ABC system
including all local revenue streams generated through local ABC store operations.
6. QAuthorize counties to offer broadband through partnership or direct service-Seek legislation to authorize
counties to provide high-speed internet through direct county service or public-private partnerships.
7. Eliminate second primary and run-off elections - Seek legislation to eliminate second primary and run-off
jelections.
8. Authorize electronic notice of public hearings and other legal notices - Seek legislation to provide counties
with options for notice of public hearings, notice of delinquent taxpayers, and other legal notices,through electronic
means.
9. ®Repeal public employee personnel record changes-Repeal FM 961. Seek legislation that will better clarify
issues regarding privacy of public employee personnel records and release of other public records.
10. @Protect privacy of citizen email notification and distribution lists- Seek legislation to protect the privacy of
email notification and distribution lists of citizens who have requested electronic communication with their local
governments.
jve
11. Modernize public records retention - Seek legislation to modernize public records retention to permit records
storage in digital format.
12. @Support Rural Transportation Planning Organizations(RPOs)-Support legislation to maintain the funding
for rural transportation planning organizations(RPOs).
13. (Reform workers' compensation-Support legislation to reform North Carolina's workers'compensation system
to reduce disability findings and open-ended streams of payment,to address the trend in favor of long-term disability
findings,to diminish control over these findings on the part of claimants and their legal representatives, and to curtail
adoption of rules that limit return-to-work efforts.
26
NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS-2011-2012—LEGISLATIVE GOALS
14. @Oppose contributory negligence tort reform - Oppose tort reform legislation that would overburden county
budgetary constraints,unfairly shift fault to counties,or increase demand for court facilities.
15. "romote utflization of 911 centers by protecting confidentiality-Seek legislation to promote the reporting of
criminal activity by protecting the confidentiality of callers by using either transcripts or voice-altered recordings to
prevent recognition and to make appropriate amendments to public records laws.
27
NORTH CAROUNAAssociATiON OF COUNTY COMMISSIONERS—2011-2012—LEGISLATIVE GOALS
Goal Accomplished Coal Partially Accomplished l Goal Not Met
Justice and Public Safety
1. Oprotect county jail system
0 Seek legislation to protect the fiscal viability of the county jail system by reinstating the reimbursement rate for
state inmates housed in county jails and increasing the reimbursement rate for state inmates awaiting post-trial
prison transfer.
• Oppose legislation to increase time counties are mandated to house state misdemeanants.
2. \,:!^llmprove inmate medical care cost containment- Seek legislation that would authorize medical care providers
to charge the state and counties no more than the rates set in the Medicaid or Medicare schedule of charges for inmate
medical care.
3. `�AMaintain funding for gang prevention and adolescent substance abuse prevention, intervention and
treatment programs.
4. @Allow court facility fee fleidbility - Seek legislation to allow counties to collect additional fees to support
specialty courts and help fund capital,operational and other needs associated with increasing demands on our judicial
system.
5. @Authorize inmate electronic monitoring cost reimbursement- Seek legislation to authorize counties to seek
reimbursement from defendants for electronic monitoring,based on ability to pay.
28
(NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS-2011-2012-LEGISLATIVE GOALS
® Goal Accomplished Goal Partially Accomplished Goal Not Met
Public Education
1. /Reinstate ADM and lottery funds for school construction - Seek legislation to fully reinstate the Average
Daily Membership funds and Lottery proceeds to the Public School Building Capital Fund.
2. \^JAuthorize county use of lottery funds for technology - Seek legislation to authorize counties to use lottery
funds to address school technology needs.
3. 01ncrease high school graduation rates - Support legislation that encourages students to complete their high
school education by recognizing alternative graduation methods and by excluding from the definition of dropouts
those youth enrolled in high school equivalency programs at community colleges.
29
NORTH CAROLINA AssociAnON OF COUNTY COMMISSIONERS—2011-2012—LEGISLATE GOALS
Goal Accomplished Goal Partially Accomplished l Goal Not Met
Tax and Finance
1. (`,;/Preserve the existing local revenue base.
2. WAuthorize local revenue options-Seek legislation to allow all counties to enact by resolution or,at the option
of the Board of Commissioners, by voter referendum any or all revenue options from among those that have been
authorized for any other county.
3. ORecover costs through in rem foreclosure fee- Seek legislation to increase the reimbursement rate for in rem
foreclosure collection efforts to recover actual costs,including legal expenses.
(V--)
4. \.LVSet property tax relief application deadline at June I - Seek legislation to establish June I as the statutory
deadline for exemption,deferment and other property tax relief applications.
5. Clarify centralized listing and assessing of cellular and cable companies- Seek legislation to implement the
central listing and assessment of cellular and cable companies.
6. `/'Clarify definition of charity eligible for property tax relief- Seek legislation to clarify the definition of
charity and set a cap amount for hospitals, facilities financed through Medical Care Commission bonds, and
continuing care facilities, and require that any property valuation exclusion formula provide for a higher test of
charity.
7. ''Allow hospital authority access to setoff debt collection- Seek legislation to authorize hospital authorities to
participate in the setoff debt collection program.
(�
8. WRequire sales tax reported at zip+4 - Seek legislation to require that large vendors report sales tax by the 9-
digit zip code.
9. OSimplify register of deeds fees-Support legislation to require that all real estate recording fees charged by the
Register of Deeds be set at appropriate flat rates, with a single rate paid to a single state agency, provided that
implementation of this legislation not reduce any revenues to any county.
10. \," Standardize local vehicle fees-Seek legislation to require that all local vehicle fees be adopted at the time the
tax rate is adopted and impose the fees on all registered and unregistered vehicles.
11. 0A.1low solid waste authority access to setoff debt collection - Seek legislation to authorize solid waste
authorities to participate in the setoff debt collection program.
12. \,^J]Wanufactured home taxes paid before transfer - Seek legislation to require that all taxes levied on
manufactured homes be paid before the home may be moved,repossessed or sold on site.
30
DRAFT RES-2012-076 Attachment 2
ORANGE COUNTY BOARD OF COMMISSIONERS
Resolution Detailing Orange County's Recommendations
Regarding Goals for Inclusion in the
North Carolina Association of County Commissioners' (NCACC)
2013-2014 Legislative Goals Package
WHEREAS, the North Carolina Association of County Commissioners (NCACC)
organizes a process every two years to develop a legislative goals package; and
WHEREAS, the purpose of the package is to develop a consensus of broad
support on legislative goals and issues for matters affecting North Carolina
counties that may be addressed during the upcoming North Carolina General
Assembly sessions during next two calendar years; and
WHEREAS, the goals and issues included in NCACC package, with their broad
support, guide and strengthen NCACC representatives and staff as they
converse with individual legislators and committees on legislative matters; and
WHEREAS, NCACC has begun the process to develop its 2013-2014 Legislative
Goals Package and Orange County and all other North Carolina counties have
been asked to submit proposed legislative goals by September 17, 2012 for
consideration for inclusion in the 2013-2014 Legislative Goals Package; and
WHEREAS, Orange County believes there are many issues of importance to all
North Carolina counties that should be included as goals in NCACC's 2013-2014
Legislative Goals Package;
NOW THEREFORE we, the Orange County Board of Commissioners, do hereby
recommend that NCACC include the following goals in the NCACC 2013-2014
Legislative Goals Package:
1) Support the expansion of revenue options and protection of revenue
sources available to county governments;
2) Support an independent Legislative Study regarding options for future
transportation funding and continue to oppose legislation shifting the
State's existing responsibility for funding transportation construction and
maintenance projects to county governments without also providing
counties the necessary additional revenue sources;
3) Support a statewide bond referendum to provide State assistance to meet
public school and community college construction needs caused by
increased enrollment, mandated reduction in class size and other factors;
31
4) Seek legislation to ensure that State-funded mental health, developmental
disability, and substance abuse services are available, accessible and
affordable to all residents and that sufficient state resources fund service
provision costs inclusive of sufficient crisis beds;
5) Support legislation which streamlines the sales tax refund regulatory
process by exempting public institutions (counties, cities, school boards,
community colleges, local utility authorities, etc.) from payment of State
and local sales taxes on purchases within North Carolina and thereby
diminish the administrative burden on the local and State level to
pursue/account for/recoup sales tax proceeds; and
6) Support legislation which provides county governments some opportunity
to regulate and/or have input into, but not prohibit, bio-solids application
activities, including the acceptable "classes" of bio-solids for application
and the prohibition of bio-solids application in certain environmentally
sensitive areas such as critical watersheds. The appropriate application of
bio-solids for agricultural use should be allowed with counties playing a
role in the process;
7) Support legislation to provide additional State compensation to
municipalities and local fire districts providing fire protection to state-
owned buildings;
8) Support actions to change North Carolina Division of Water Quality (DWQ)
wastewater system classification rules which currently classify a spray
irrigation system such as one utilized by volunteer fire departments as
"commercial". When the flow generated by the system is domestic
quality/non-industrial process wastewater, the system should be held to
the same monitoring and testing standards as a residential wastewater
system under DWQ jurisdiction. In the alternative, volunteer fire
departments should be excluded entirely from the "commercial"
classification. The annual inspections and testing costs associated with a
"commercial" designation for a spray irrigation system serving a volunteer
fire department can be several thousands of dollars. Accounting for the
type of flow actually treated by a system rather than assigning a blanket
"commercial" designation would significantly reduce volunteer fire
departments' annual costs across the state;
9) Support revisions to the Homestead Exemption provisions of the
Machinery Act to
a) provide greater opportunities for low-income seniors to remain in
their homes and not be displaced due to property tax burdens by
approving a one-time ten percent (10%) increase in the income
qualification standard; and maintaining the current provisions which
increase the income qualification standard each year based on any
32
cost-of-living adjustment made to the benefits under Titles II and
XVI of the Social Security Act for the preceding calendar year;
b) diminish the discriminatory features of the current exemption
provisions relating to married couples by establishing graduated
income qualification standards for single individuals versus married
couples; and
c) address the ineffectiveness of the exemption provisions in
communities where property values increase at substantial rates
over short periods of time by capping the increase in additional
taxes to be paid to the increase in the Consumer Price Index (CPI)
for the preceding year.
10)Support the streamlining of provisions requiring units of local government
to prepare 10-year solid waste management plans in order to simplify the
process, reduces costs, and produce results more relevant for local
governments. Currently a plan and any changes to it, including three year
mandated updates, must often be approved unnecessarily by multiple
units of government, even those that may not utilize local waste disposal
facilities. Additionally, a primary reason for requiring 10-year plans was to
measure remaining landfill space to ensure the future space availability.
Other State rules require an annual survey of all landfill facilities to
calculate remaining space, and with modern Geographical Information
Systems, there is no need for the 10 year plan to duplicate this effort; and
11)Support legislation requiring an advance recycling fee (ARF) — for the
collection and recycling of computer, television, cell phone and other
discarded electronic equipment — to fund the shortfall from the existing
producer responsibility funding. The producer responsibility provisions for
electronics recycling require manufacturers to maintain records by
category on equipment sales and pay corresponding fees to the State of
North Carolina. The State in turn distributes those funds to North Carolina
counties. The producer responsibility funds only cover a portion of the
expenses that North Carolina counties incur for electronics recycling
(Example: Orange County receives funding equal to approximately ten
percent (10%) of its actual electronic recycling expenses).
This the 6th day of September 2012.
Bernadette Pelissier, Chair
Orange County Board of Commissioners
erd 33
RES - 2012 - 037
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 Senator and
Representatives representing Orange County take the following
positions on legislation regarding the following Statewide
matters:
1) * Revenue Options for Local Government - Support
legislation that authorizes any local government to
enact any revenue source that is presently available to
one or more local governments in the state. Local
governments have experienced significant budget cuts in
recent years. Providing flexibility regarding revenue
options to fund local government services will allow
local governments to tailor their respective funding
plans based on individual needs and goals;
2) * County Responsibility for Roads - Oppose legislation
shifting the state's existing responsibility for
funding transportation construction and maintenance
projects to county governments. However, if the
responsibility or the sharing of responsibility for
secondary road improvements and/or the maintenance of
34
roads is required of county governments, then Orange
County requests that counties also be given the
authority to levy fees, tolls, and other charges as may
be necessary to provide funding to address this new
responsibility. A new responsibility should include
new revenue opportunities to accomplish the identified
needs;
3) * Bio-solids Disposal - Support legislation which
provides county governments some opportunity to
regulate and/or have input into, but not prohibit, bio-
solids application activities, including the acceptable
"classes" of bio-solids for application and the
prohibition of bio-solids application in certain
environmentally sensitive areas such as critical
watersheds. The appropriate application of bio-solids
for agricultural use should be allowed with counties
playing a role in the process;
4) Energy Efficiency Standards in Local Building Codes -
Support changes in State law to allow local governments
to include standards for energy efficiency in local
building codes that are higher than those contained in
the State Building Code;
35
5) Broadband Support legislation, funding, and other
efforts to expand broadband capability to the un-served
and under-served areas of the State to enhance quality
of life as well as expand opportunities for jobs
creation, small business development, and growth in
farm enterprises. Orange County opposes legislation
limiting local governments' efforts to provide
broadband and supports legislation and regulations that
would preserve local option and authority where needed
to deploy community broadband systems and ensure
community access to critical broadband services (Also
see 2012 Orange County Resolution with Draft Bill
concerning the addition of Orange County to Session Law
2011-163 authorizing Broadband Grants for Economic
Development) ;
6) Sales Tax Exemption - Support legislation to exempt
counties, cities, school boards, community colleges,
and the Orange Water & Sewer Authority from payment of
state and local sales taxes on purchases within North
Carolina. The legislation should contain a provision
permitting the state to repay the last refund over a
multi-year period to minimize state budget impacts.
Alternatively, Orange County supports legislation to
36
fully restore public schools' access to sales tax
refunds;
7) Smart Start and More at Four - Orange County supports
efforts to secure needed and stable funding, enhanced
quality early care and education, and family access and
benefits in settings public and private. The County
advocates sustaining teacher quality; evidence-based
learning objectives; healthy life styles; and community
engagement. Quality early childhood has proven to help
alleviate the achievement gap; curb the need for costly
services (including special education) ; and reduce
societal cost by increasing graduation rates. Orange
County Schools and Chapel Hill-Carrboro City Schools
are ardent allies, equally concerned about State
actions that could negatively impact local
implementation. Orange County remains strongly
supportive of the Orange County Partnership for Young
Children in the effective administration and evaluation
of services reaching all children throughout the
County. (Exhibit A is a summary from Partnership
Director Margaret Samuels. )
* This item generally coincides with a similar North Carolina Association of
County Commissioners (NCACC) 2011-12 Legislative Goal.
37
Upon motion of Commissioner seconded by
Commissioner Item #1 of the foregoing resolution
was adopted by a vote of 4-2 (Commissioners Yuhasz and McKee
voting nay) this the 3rd day of April, 2012.
Upon motion of Commissioner 2, seconded by
Commissioner Items #2 through 7 of the foregoing
resolution were adopted by a vote of 6-0 this the 3rd day of
April, 2012.
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 April 3, 2012 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 4th day of
April, 2012.
®t�,tge Clerk to t Board of Commissioners
f
4
u sz
4
38
EXHIBIT A
Orange County Partnership for Young Children
Margaret Samuels,Executive Director
Smart Start NC Pre K Information
Smart Start 2012-2013:
• Maintain Smart Start funding or increase funding to prior year levels.
• Continue the focus on developmentally appropriate early literacy and evidence
based programs for early care, education and services.
• Increased funds will allow OCPYC to fund necessary programs in our community
and expand funding to Early Intervention/Health and Family Support projects
which were decimated in last year's Smart Start budget cycle due to drastic cuts.
Support parents and community with programs that reach all children.
• Continue the waitlist reduction in the upcoming year. In 2011-2013,the County
waitlist for child care subsidy has been reduced to minimal from a high of 650
children. This is the first time in several years that hundreds of children have not
been waiting for child care subsidy in Orange County.
• Enhance and maintain quality in early care and education in all setting(public and
private)by supporting teacher quality; evidence based learning objectives;healthy
life styles and community engagement.
NC Pre K 04AF12012-2013:
• Support and increase funding to serve more children in quality early education.
• NC Pre K should continue to be offered in a variety of setting including child
care,public schools,head start,etc. Maintaining this diversity allows the
maximum of parent choice and funding.
• Maintain the current definition of"ax-risk".At a time when more children are
living in poverty,more NC Pre K slots need to be available for children.
OCPYC in conjunction with school districts,CHTOP Head Start and 3 private child care
centers continue to work collaboratively to provide some of the best quality Pre K
services in the state. Both Chapel Hill Carrboro City School and Orange County School
Districts are aware of state issues and concerns and their impact on local implementation.
The school district is have been supportive of OCPYC and its administration and
implementation of NC Pre K in Orange County.
Conclusion:
I want to thank the Orange County Board of County Commissioners for the opportunity
to give an update on the status of Smart Start and NC Pre K funding. We know that
quality early childhood programs help to alleviate the achievement gap,reduce the need
for costly services including special education,and reduce overall societal cost by
increasing graduation rates.I also want to than Commissioner Pelissier, County
Manager Clifton and Assistant Manager Harvey for their service to the OCPYC Board as
well as thanking the County Department Directors who serve on our Board and provide
guidance and assistance to early childhood services in Orange County.
Please do not hesitate to contact Margaret Samuels, OCPYC Executive Director at 919-
967-9091 or msamuels@orangesmartstart.org if you need any additional information.
39
ORANGE COUNTY
AREAS OF SUPPORT
County Jail System/Housing State Inmates Reimbursement - Orange
County appreciates past efforts, in particular the establishment
last year of a Statewide Misdemeanor Confinement Program to
provide housing for misdemeanants serving periods of confinement
of more than 90 days and up to 180 days. Orange County does not
participate in the program due to limited space in the ' County
Jail. The Program which houses misdemeanants serving periods of
confinement of more than 90 days and up to 180_ days is working,
with Orange County inmates routinely transferred out of Orange
County to other facilities. The County continues to seek
legislation to protect the fiscal viability of the county jail
system by reinstating a reimbursement rate for state inmates
housed in county jails and increasing the reimbursement rate for
state inmates awaiting post-trail prison transfer.
Agriculture/Solar Energy - Orange County supports renewable
energy initiatives such as House Bill 495/Senate Bill 473 and
Senate Bill 694 to create a market for agricultural-sourced
energy credits. Both provide incentives for farmers to produce
renewable energy, which will become increasingly important to
preserving and strengthening the agricultural economy and rural
infrastructure as well as maintaining Orange County's rural
heritage and culture. The lack of continued effective solar
energy incentives is a lost opportunity for all North
Carolinians, but this is especially true for the agricultural
sector. Farmers use a lot of electrical power and are uniquely
positioned to become energy producers. Every south-facing barn
roof is a candidate for a photo-voltaic (PV) array, and farms
usually have open acreage that can support a stand-alone PV
array. NOTE: These bills were approved on first reading in
their respective chambers in 2011 and sent to committees. No
further action occurred and the bills, therefore, did not
survive crossover and are not eligible for consideration in the
2012 short session.
Fracking - Orange County supports legislation which provides
local governments some opportunity to regulate and/or have input
on proposed (racking activities, especially as they affect water
resources; allows for public awareness and comment; and allows
local entities to address issues and concerns that are raised_
40
Authority to Amend the Orange County Civil Rights Ordinance
The Board of Commissioners adopted the Orange County Civil
Rights Ordinance in 1994 with the purpose and policy to promote
the equal treatment of all individuals. In subsequent years, the
County has requested, to no avail, additional legislative
authority to amend the Ordinance to include additional protected
classes. The Orange County Human Relations Commission formally
acted in October 2011 requesting that the Board of Commissioners
take the appropriate steps to amend the Orange County Civil
Rights Ordinance to include sexual orientation and sexual
identity as protected classes. Approximately 89% of Fortune 500
companies prohibit discrimination based on sexual orientation,
including Bank of America, Lowe' s, Duke Energy,, Branch Banking
and Trust (BB&T) , and Reynolds American (the five largest North
Carolina-based public companies in 'that order) . Orange County
supports legislative action to provide the County the authority
to include sexual orientation and sexual identity as protected
classes.
E-911 Funds - Orange County appreciates past efforts and
supports future initiatives to expand the uses for these funds
within the public safety disciplines related to emergency
communications and Emergency Medical Services. North Carolina
General Statute (NCGS) 62A-47 Section 9 allowed local
governments to use 500 of the funds in the Emergency Telephone
System to provide for public safety needs, without limitations
imposed under NCGS 62A-46. Public Safety expenditures
authorized under Section 9 must be completed by June 30, 2012.
Orange County supports permanently extending the authorization
to use E911 funds for all public safety disciplines-
Mental Health - Orange County supports stable and secure
funding for mental illness, development disabilities, and
substance abuse treatment systems Statewide, and especially
supports efforts and funds to enhance community-based
initiatives.
Land, Water and Agricultural Preservation Funding - Orange
County supports the safeguarding of Park, Agricultural
Preservation, Clean Water and other existing trust funds
established for the protection of the State's land, water,
agriculture, and special places before they are irreversibly
lost.
41
Agriculture Support Conservation of Working Lands and
Farmland Preservation - Orange County supports a conservation
option under the Use Value Program and a revision to the revenue
and acreage requirements of the Use Value Program to address
operations that meet the revenue requirements, but do not meet
the minimum ten acres threshold for agricultural operations.
Sustainable Communities - Orange County appreciates efforts
during the 2010 General Assembly Session to establish the North
Carolina Sustainable Communities Task Force and associated Grant
Fund and supports future efforts to move these initiatives
forward.
This item generally coincides with a similar North Carolina Association of
County Commissioners (NCACC) 2011-12 Legislative Goal.
� r
42
ORANGE COUNTY
ITEMS OF INTEREST
Statute of Limitations for Challenging Zoning ordinances
Session Law 2011-384 significantly amended the statute of
limitations for challenging zoning ordinances by providing
that actions challenging the validity of any zoning or
unified development ordinance accrue "when the party
bringing the action first has standing to challenge the
ordinance..." - This amendment has the potential to leave
lawfully adopted county ordinances open to challenge
indefinitely. If an individual purchases a piece of
property twenty years after the adoption of a zoning
ordinance, pursuant to this amendment, that individual may
challenge the validity of the zoning ordinance. Orange
County believes a more appropriate statute of limitations
would authorize the bringing of such an action within three
years of the adoption of a zoning ordinance.
Potentially Dangerous Dog Declarations - Appeals Timetable
North Carolina General Statute 67-4. 1.0 states that an
"appellate Board shall schedule a hearing within 10 days of
the filing of objections" to a potentially dangerous dog
declaration. The 10-day timetable to convene a hearing
presents a significant challenge. Members of appeals
bodies are community residents with many obligations and it
is often a struggle to schedule meetings within the
mandated 10-day timeframe. Orange County believes it would
be a significant improvement to amend the statute to state
"within 10 working days of the filing of objections".
Solid Waste Management Plan Requirement
North Carolina General Statute 130A-309. 09 (A) (b) requires
units of local government to prepare 10-year solid waste
management plans and update those plans every three years.
A plan and any changes to it must often be approved by
multiple units of government. One of the primary reasons
for requiring 10-year plans was to measure remaining
landfill space and ensure the future availability of
landfill space. Other State rules now require an annual
survey of all landfill facilities to calculate remaining
space. Together with modern Geographical Information
Systems, there is no need for the 10 year plan to duplicate
this effort. Orange County believes the process for
reporting solid waste operations should be simplified, be
43
made less costly and onerous, and become more relevant for
local governments.
Forestry Notification
Property owners currently do not receive any notification
of impending forestry activities planned for adjoining
properties. Orange County believes the State should at a
minimum implement a courtesy notification process for
adjoining property owners.
Machinery Act
North Carolina property tax law substantially limits the
ability of local governments to address property tax
discrepancies, such as prohibiting the refund of prior
years' taxes paid after a measurement and/or condition
property appraisal error is discovered. Orange County
believes that local governments need more flexibility to'
remedy such errors. . Just as local governments can recoup
prior years" property taxes from owners for "discoveries",
local governments should likewise be authorized to refund
prior years' taxes paid when situations such as measurement
and/or condition property appraisal errors are discovered.
Homestead Exemption
Orange County believes Homestead Exemption provisions of
the Machinery Act should be reformed to:
1) provide greater opportunities for low-income
seniors to remain in their homes and not be
displaced due to property tax burdens;
2) eliminate the discriminatory features of the
exemption provisions relating to couples; and
3) address the ineffectiveness of the exemption
provisions in communities where property values
increase at substantial rates over short periods
of time.
Court Facility Fees
Orange County recently completed an $11 million justice
facility expansion, a substantial investment for the
County. Like other North Carolina counties, the County
receives limited financial support for the construction of
judicial facilities as well as the on-going annual facility
operation and maintenance. As court fees and jail housing
fees are reduced, Orange County believes counties should be
44
authorized to raise Court Facility Fees to help fund
capital or debt service needs associated with ever-
increasing judicial activities.
Open Burning/Burning Permits
Orange County believes the statutes related to open burning
(Chapter 106 Article 78) should be amended to grant
authority to local governments to regulate and prohibit
open burning during periods of hazardous forest fire
conditions, drought periods, or periods of excessive air
pollution. Local fire authorities are best suited to
assess local conditions and determine whether those
conditions pose a threat to the public health, safety, and
general welfare.
Herbicide Use Limitations for Right of Way Maintenance
North Carolina and specifically Orange County benefit
substantially from organic agriculture. The use of
herbicides has a significant negative impact on organic
agriculture. Orange County supports legislation that would
further regulate or prohibit the use of herbicides for the
clearing and maintenance of easements and rights of way by
utilities.
* This item generally coincides with a similar North Carolina
Association of County Commissioners (NCACC) 2011-12 Legislative Goal.
L+ 45
NORTH CAROLINA ASSOCIATION OF COUNTY
COMNUSSIONERS (NCACC)
2011-12 LEGISLATIVE GOALS
Top Five Priority Goals
1. Oppose Shift of State Transportation Responsibilities to Counties—Oppose legislation
to shift the state's responsibility for funding transportation construction and
maintenance projects to counties.
2- Reinstate ADM and lottery funds for school construction—Seek legislation to fully
reinstate the Average Daily Membership funds and Lottery proceeds to the Public
Schoof Building Capital Fund.
3. Ensure adequate mental health funding
0 Seek legislation to ensure adequate capacity of state-funded acute psychiatric
beds.
0 Oppose legislation to close state-funded beds until there is adequate capacity
statewide.
0 Seek legislation to maintain the existing levels of state funding for community
mental health services.
4. Preserve the existing local revenue base.
S. Authorize local revenue options—Seek legislation to allow all counties to enact by
resolution or,at the option'of the Board of Commissioners,by voter referendum any or
all revenue options from among those that have been authorized for any other county.
46
NCACC Agriculture Policy Statement
introduction
North Carolina's diverse agricultural community is helping meet the challenge of furnishing consumers
around the world with food, aquaculture, agricultural, horticultural and forestry products. As North
Carolina's top industry, agriculture and agribusiness account for nearly 25% of North Carolina's Gross
State Product and total employment. The North Carolina Association of County Commissioners
recognizes the importance of agriculture within North Carolina's diverse economic base.
The constitutional purpose of the Association is "to provide the legislature and the public with
information necessary for the passage of sound legislation beneficial to the administration of county
affairs and to oppose legislation injurious thereto." Therefore the Association will not utilize its
resources advocating solely on behalf of agricultural interests, but instead will advocate for or against
legislative and regulatory policies that address agricultural concerns,while simultaneously benefiting the
administration of all counties'affairs.
Relationship of Agriculture and Environmental Policy
Agricultural issues related to the environment transcend governmental boundaries and therefore
require close coordination of policy and action by federal, state and local governments.-Powers
delegated to the counties for the protection of the public health are important tools for carrying out
measures to protect the land and water resources vital for current and future agricultural endeavors.
The Association will support and encourage policies that call for the efficient and safe use of natural
resources, helping North Carolina's counties remain safe and healthy places in which to fire and work
Agriculture and Tax Policy
Historically, public policy concerns controlled the method of taxation of agricultural property, as with
the taxation of other land uses.Accordingly,the Association will continue to study the impact of various
- financing mechanisms for the assurances of efficiency, equity, and diversification. Whenever possible,
the Association will advocate for tax policies advantageous to both agricultural interests and the
maintenance of a broad and equitable county tax base.
Agriculture—County Land Use and Local System Initiatives
As North Carolina's urban centers expand into agriculturally oriented land-areas,public policy questions
emerge as to the regulation of development patterns.The Association believes strongly in flexibility of
form and function,and therefore supports local control over land-use decision-making, and its impact
on the agricultural community. Furthermore, the Association supports state policies providing local
options and tools as to the preservation of farmland if they,in fact serve the best interest of all counties.
Finally, the Association will support research, education and outreach with various public and private
partnerships resulting in agricultural development opportunities, sustainable initiatives producing low-
cost food and energy that will in turn create healthy local economies.
Costs of Animal Care
The General Assembly should consider the potential financial impacts of proposed legislation that
increases responsibilities for county animal control operations and/or facilities. Any legislation should
include funding for counties to carry out legislative intent.
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Agriculture Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Support conservation of working lands and farmland preservation — Support legislation to
promote and preserve working farmlands by including these lands in the state tourism plan, by
retaining the current authority for the present use value system,by maintaining funding for the
Ag Development and Farmland Preservation Trust, and by authorizing counties to implement
transfer of development rights.
2. Fund agricultural research and extension services—Support legislation to increase ag research
and extension services and maintain existing research stations at current levels.
3. Support Sustainable Local Food Advisory Council Recommendations —Support legislation to
implement the Sustainable Local Food Advisory Council's recommendations including a
prohibition against municipal involuntary annexation or regulation of farm or forestry activities
within a voluntary agricultural district or conservation district and support state funding to
maintain and enhance the North Carolina Transition Network.
Other Goal
Maximize availability of adoptable animals —Seek legislation to increase adoption opportunities for
county animal control facilities by clarifying ownership proof and increasing shelter director discretion_
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NCACC Environmental Policy Statement
Introduction
Environmental issues transcend governmental boundaries and therefore require dose coordination of
policy and action by federal, state and local governments. The aim of public policy addressing
environmental issues should be to assure the public health, protect water and other vital natural
resources and enhance sound development while protecting individual property rights.
County governments in North Carolina must play a key role in the development and implementation of
environmental policy. Powers delegated to the counties for protection of the public health and
regulations of development are important tools for carrying out measures to protect land,air and water
resources.
State and Local Responsibilities
Protection of the environment must be a shared effort between the state and local governments.State
government should not neglect its r u government
'responsibilities, nor overly burden local govement in its attempt to
regulate activities impacting the environment The Association believes that the following principles
should guide the relationship between the state and local governments in the area of environmental
protection:
• State agencies charged with the responsibility for developing administrative rules to implement
federal and state environmental policies should involve local governments in the process at the
earliest stages of development and should proceed only after thorough analysis of health risks,
environmental impacts and fiscal impacts.
• If state agencies issue permits for activities affecting the environment, affected local governments
should be given ample opportunity to comment on all proposed permits in terms of consistency
with local plans and policies.
• if state law delegates responsibility for implementation, monitoring and enforcement of
environmental policy to local governments, the state should provide, through law and regulation,
for optimum flexibility at the local level in carrying out these responsibilities.
• State law and administrative rules should allow local governments maximum discretion in setting
fees for such services as inspections,issuance of permits,monitoring activities and enforcement.
• if state law mandates that all local governments assume new or expanded responsibilities for
protection of the environment that previously were considered to be discretionary activities at the
local level, the General Assembly should provide funding for expenditures resulting from the
mandate. If state law mandates that state agencies undertake environmental monitoring activities,
the General Assembly must provide state resources necessary to undertake these monitoring
responsibilities in a timely manner.
Balancing Development and Environmental Protection
Environmental protection is critical for a sustainable future, but all human activities have an impact on
the environment. County governments believe that public policy,on environmental protection must
recognize this fact and provide a rational balance between these interests. To that end, the North
Carolina Association of County Commissioners believes that.it is imperative that all initiatives to protect
the quality of our natural environment be carefully evaluated in terms of relative costs and benefits and
actual risks posed to human health.Enhancements to the environment laws of North Carolina should be
justified by sound science and information and based on a clear rationale and purpose for regulatory
change.
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Environment Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Enhance river basin monitoring and streamline rule-making—Enhance monitoring for all river
basins in North Carolina and review the rule-making process to enhance regional cooperation.
2. Streamline water supply reservoir permitting—Seek legislation to streamline local water supply
reservoir permitting without sacrificing the scientific rigor of Environmental Impact Assessment
and ensure adequate opportunities for public and local official comment
3. Authorize County Oversight of Blo-Solids Disposal—Support legislation to authorize counties to
regulate, but not prohibit, bio-solids application activities,including the acceptable 'classes" of
blo-solids for application and the prohibition of blo-solids application in certain environmentally
sensitive areas.
Other Goals
• Clarify Yard Waste Facility Runoff Statutes—Seek legislation to clarify that runoff from yard
waste staging areas at county landfills does not require wastewater treatment.
• Create Study Commission on Horizontal Drilling, Hydraulic Fracturing and Uranium mining—
Seek legislation to create a Study Commission on horizontal drilling and hydraulic fracturing for
shale gas deposits and uranium mining.
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NCACC Health and Human Services Policy Statement
Guiding Principles
• Essential health and human services should be financed through state or federal revenues to
ensure statewide availability and consistency.
• Counties must be actively engaged in setting health and human services policy and program
requirements.
• Health and human services programs should encourage responsible behavior and should be
targeted to those citizens least able to care for themselves.
• County health and human services programs should function as a coordinated, unified system
with sufficient automation to support efficient service delivery, promote flexibility, and reflect
policy simplification.
Introduction
Comprehensive and efficient human services, including social services, health and mental health, are
essential to human well-being in our present society. These services must be clearly defined and
adequately funded.State mandated services delivered at the county level should be financed from state
revenue sources in order for every citizen of North Carolina to receive a substantially similar degree of
service. Federally mandated services should be financed from federal revenue sources.Counties should
not participate in the financing of Medicaid services.
The State and County Partnership and Fiscal Relationship
Strengthened and sustained state and county collaboration is essential for effective human services
delivery.The Association encourages ongoing state and county strategies to enhance intergovernmental
communication,cooperation,and conflict resolution.
County commissioners have a significant role in the funding of the human services network. For this
reason,policy changes affecting the counties should be preceded by good faith negotiations in a process
that is fair and equitable. New program initiatives should allow adequate lead time for implementation
within the county budget schedule. The state should consider a county's resource limitations when
implementing new state and federal programs.
Local Authority
Since the counties are the level of government closest to the people, the Association supports
strengthening of local decision-making to respond to local needs.To enhance this principle,members of
all county human service agency boards should be appointed by the boards of county commissioners.All
block grants should be allocated as non-categorical funds. The Association will oppose earmarking of
block grant funds. The Association supports increases in funding for mandated services, provided that
the increases do not require additional expenditures of county funds.
Service Priorities
Health and human service programs should be targeted to those citizens least able to care for
themselves. These programs should encourage families to be responsible supporters of their children.
To accomplish this, the programs should focus on helping individuals find sustainable long-term
employment. County resources should be targeted toward helping individuals become self-sufficient,
helping families remain together and rewarding responsible behavior.The needs of children should be
the primary focus.
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Health and human service programs should be flexible and be designed to accommodate the state's
changing demographics,such as th�increasing elder-ly and Hispanic populations.
Intergovernmental strategies for economic development should be encouraged. These efforts are
critical to ensuring that work is available for individuals making the transition from public assistance to
employment AO local government institutions, including municipalities, school boards and regional
council of governments(COGS),should be involved in developing and coordinating services to meet the
'needs bf low-income individuals. '
Service Delivery .
The county health and human services programs should function as coordinated unified system.
Automation of program administration should be focused toward service integration,program integrity,
client satisfaction, and efficient operation. Automation efforts should accommodate and promote
simplified and flexible service delivery.The Association supports county,regional and���ecoUabonat�e
efforts in developing strategies for enhancing local agency automation, and enoounqges program
simplification,to streamline administration and improve client interaction.The state should take a lead
role infinancing,implementing,maintaining,and supporting statevxde-autornatedqnstems.Amtnmafion
efforts undertaken by the state should connect and integrate with county automafion initiatives.
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Health.and Human Services Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Ensure adequate mental health funding
a. Seek legislation to ensure adequate capacity of state-funded acute psychiatric beds.
b. Oppose legislation to close state-funded beds until there is adequate capacity
statewide.
c. Seek legislation to maintain the existing levels of state funding for community mental
health services.
2. Retain State Aid to Counties—Seek legislation to retain the State Aid to Counties to maintain
- federal matching funds.
3. Allow county flexibility to organize local human services.
a. Seek legislation to allow counties to organize human services based on community
need,including the removal of the population threshold in 153A-77.
b. Oppose legislation that would mandate consolidation of social services functions.
Other Goals
Maintain childcare subsidy funds and allocate to counties.
— Seek legislation to allocate all childcare subsidy funding directly to counties.
— Oppose legislation that would reduce childcare subsidy funding
Maintain TANF Funds to counties—Seek legislation to maintain existing levels of county TANF funding
to support and fund county DSS programs.
Maintain childcare subsidy administration — Seek legislation to maintain the Child Care Subsidy
Administration funding at 5 percent
Increase State/County Special Assistance Residency Requirements— Seek legislation to increase the
number of days to establish residency for Special Assistance from 90 to 180 days, except for persons
who have entered the state to be supported by a close relative.
Require Back-up Generators for Adult Care Homes —Seek legislation to require all new adult-care
homes to have back-up generators prior to receiving certificates of occupancy and require all existing
adult-care homes to be equipped with back-up generators within three years.
Expedite NCFAST Automation and Policy Simplification — Seek legislation to expedite the
implementation of NC FAST and ensure automation builds on program and policy simplification and
includes interface protocols.
Retain "Electing" Counties' Financial Incentives — Seek legislation to retain financial incentives for
counties to be"electing"counties.
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NCACC Intergovernmental Relations Policy Statement
Basic Governmental Philosophy
The North Carolina Association of County Commissioners affirms the following as its basic governmental
philosophy_
• Leave to private initiative the functions that citizens can perform privately while encouraging
public-private partnerships and governmental entrepreneurship when these are in the interest
of citizens and taxpayers.
• Use the level of government closest to the people for most public functions,and provide local
governments with the resources necessary to carry out these functions.
• Utilize intergovernmental agreements where appropriate to attain efficient performance as
determined by local elected officials.
• Intergovernmental communication is vital. State government should communicate and seek
input from any and all counties that are impacted by state regulations,especially when rules and
regulations have direct impacts on property rights.
• Reserve national action for those areas where state and local governments are not adequate
and where continuing national involvement is necessary, e.g. national defense, provided
resources are made available by the national government.
The Intergovernmental System
The Association believes strongly in flexibility of form,function and finance. Counties should be free to
organize for the efficient and effective delivery of services as deemed appropriate by each county.They
should be free to determine the scope and extent of governmental service they will render subject to
the need for uniformity in delivery of services of national or statewide import; to this end, the
Association will continue to oppose unfunded minimum service levels and maintenance of effort
requirements. Counties should have the authority to employ a variety of means of financing county
government.
The state plays a vital role in the economic well being of the counties. in recognition of this partnership,
the state should provide alternatives to enable counties to meet their basic infrastructure needs.
By statute the counties of North Carolina are agents of the state; however, county governments are
more than local branches of state government.As representatives of the local government that touches
all the people, county commissioners accept responsibility for strengthening and improving county
government and will continually strive to lead effectively.
To provide equity among the counties,and to relieve counties of fiscal burdens that cannot adequately
be funded by county revenue sources, services mandated by the federal government should be fully
funded by the federal government, and those services mandated by the state should be fully funded by
the state.
The Association recognizes the kinship of cities and counties in the family of local government and urges
member counties to act affirmatively to strengthen their partnerships with cities. Local general purpose
governments are the building blocks for solving regional problems;therefore, any regional approach
must be based on the need to strengthen and support focal governments.
The Association generally supports the policy positions established by the National Association of
Counties, but retains the right to establish its own policy positions on specific issues as deemed
appropriate by its membership.
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The Importance of Unity
The constitutional purpose of the Association is "to provide the legislature and the public with
information necessary for the passage of sound legislation beneficial to the administration of county
affairs and to oppose legislation injurious thereto."The Association affirms that its resources will not be
utilized on behalf of individual.counties seeking legislative remedy for problems that are not statewide
in nature. its lobbying efforts will be directed toward the support of sound legislation beneficial to the
administration of all counties`affairs,and to the opposition of legislation injurious to the counties as a
body.
Intergovernmental Relations Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Oppose Shift of State Transportation Responsibilities to Counties—Oppose legislation to shift
the state's responsibility for funding transportation construction and maintenance projects to
counties.
2. Modernize Annexation Laws—Seek legislation modernizing the annexation laws as follows:
a. Requiring the development of joint utility service plans for urbanizing areas;
b. Requiring cities to reimburse counties for the loss of sales tax due to an annexation
c. Increasing the degree of urbanization required to annex property;
d. Allowing the Board of Commissioners to request a referendum on any proposed
involuntary annexation;
e. Requiring the direct provision of municipal water and sewer services to customers
within three years of an annexation;
f. Providing that counties have the option of continuing to provide utilities to annexed
areas;
g. Setting the effective date for involuntary annexations to be June 30 following the date
of adoption or final resolution of an appeal;
h. Prohibiting municipalities from annexing across county boundaries without prior
consent of the Board of Commissioners of the affected county. In an instance where a
municipality has already annexed across county lines, further annexation cannot occur
without consent of the affected county.
3. Oppose collective bargaining for public employees — Oppose legislation to authorize local
governments to enter into collective bargaining agreements with public employees, or to
mandate dues check-off programs.
Other Goals
Implement Combined Motor Vehicle Registration&Property Tax Collection System—Seek legislation
to ensure that the combined motor vehicle registration and property tax collection system is
implemented within the statutory deadline.
Protect local control of ABC System—Seek legislation to protect local control of the local ABC system
including all local revenue streams generated through local ABC store operations.
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Authorize counties to offer broadband through partnership or direct service — Seek legislation to
authorize counties to provide high-speed internet through direct county service or public-private
partnerships.
Eliminate Second Primary and Run-Off Elections—Seek legislation to eliminate second primary and run-
off elections.
Authorize Electronic Notice of Public Hearings and Other Legal Notices—Seek legislation to provide
counties with options for notice of public hearings, notice of delinquent taxpayers, and other legal
notices,through electronic means.
Repeal Public Employee Personnel Record Changes—Repeal HB 961 and seek legislation that will better '
clarify issues regarding privacy of public employee personnel records and release of other public
records.
Protect privacy of citizen email notification and distribution lists — Seek legislation to protect the
privacy of email notification and distribution lists of citizens who have requested electronic
communication with their local governments.
Modernize public records retention—Seek legislation to modernize public records retention to permit
records storage in digital format
Support Rural Transportation Planning Organizations (RPOs) — Support legislation to maintain the
funding for rural transportation planning organizations(RPOs).
Reform Workers' Compensation — Reform Workers' Compensation — Support legislation to reform
North Carolina Workers'Compensation system to reduce disability findings and open-ended streams of
payment, to address the trend in favor of long-term disability findings,to diminish control over these
findings on the part of claimants and their legal representatives, and to curtail adoption of rules that
limit return-to-work efforts.
Oppose Contributory Negligence Tort Reform—Oppose tort reform legislation that would overburden
county budgetary constraints,unfairly shift fault to counties,or increase demand for court facilities.
Promote Utilization of 911 Centers by Protecting Confidentiality — Seek legislation to promote the
reporting of criminal activity by protecting the confidentiality of callers by using either transcripts or
voice-altered recordings to prevent recognition and to make appropriate amendments to public records
laws.
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NCACC Justice and Public Safety Policy Statement
The Association recognizes that the state and counties are partners in the operation of the criminal
justice system and will support policies and laws that contribute to this partnership being an equitable
one.
County jails should be reserved exclusively for pre-trial detainees, and adjudication should be swift in
order to minimize overcrowding in county jails. Bonds should be reasonable, and effective pre-trial
screening and population management efforts should be encouraged. Criminals should pay a greater
portion of the cost incurred by the counties and the state as a result of their aimes through increased
jail fees,service of process fees,and court facilities fees.
The statewide judicial system should be adequately.funded and staffed in order to provide an efficient
environment for judicial process and to instill public confidence in the justice system.
Justice and Public Safety Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Protect county jail system
o Seek legislation to protect.the fiscal viability of the county jail system by reinstating the
reimbursement rate for state inmates housed in county jails and increasing the
reimbursement rate for state inmates awaiting post-trial prison transfer.
o Oppose legislation to increase time counties are mandated to house state
misdemeanants.
2. Improve inmate medical care cost containment—Seek legislation that would authorize medical
care providers to charge the state and counties no more than the rates set in the Medicaid or
Medicare schedule of charges for inmate medical care.
3. Maintain funding for gang prevention and adolescent substance *abuse prevention,
intervention and treatment programs.
Other Goals
Allow court facility fee flexibility — Seek legislation to allow counties to collect additional fees to
support specialty courts and help fund capital, operational and other needs associated with increasing
demands on our judicial system.
Authorize inmate electronic monitoring cost reimbursement—Seek legislation to authorize counties to
seek reimbursement from defendants for electronic monitoring,based on ability to pay.
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NCACC Public Education Policy Statement
Introduction .
The Association believes that every child should have equal access to a sound basic education designed
to prepare students for successful living, work and good citizenship in a modern society. Recognizing
that the responsibility for public education in our country is that of the states,the Association believes
that adequate state resources must ensure a sound.basic education for all North Carolina children.We
believe that improved public education is imperative to the future of North Carolina's citizens, and we
encourage the state to place higher priority on increased support for the necessary improvements to
compete in an increasingly global and technologically complex business environment
The Association supports a continued federal role in the funding of educational services.The Association
further believes that citizen control of public schools is essential to guarantee continued widespread
understanding and support for this major responsibility of government:the education of its people.The
Association acknowledges and accepts the traditional responsibility of boards of county commissioners
to provide adequate facilities in which to meet our students'need for a sound basic education.
Clarifying State and County Financial Responsibility
The Association recognizes the importance of new approaches to education in the effort to improve our
public schools.*New classroom technologies and such innovations as the NC Virtual Public School, Early
college High Schools,alternative schools, and charter schools are intended to introduce greater choice
into the state's public education system_When the General Assembly authorizes changes to introduce
greater choice and/or improve education,these changes and flexibilities should be equally available to
all existing public schools.
The Association will support efforts by state policy makers that, in the view of county commissioners,
will lead to substantive improvements in the state-supported basic elementary and secondary education
programs available-to the children of North Carolina. Elementary and secondary public education should
be a clear priority to ensure that North Carolina citizens are well served by our schools.
The state should define and support a sound basic education in all local school systems and appropriate
adequate operating funds to fully fund its education initiatives with revenue that is earmarked to pay
the costs of those initiatives. The state should fund programs that continue to engage young people,
provide individualized options that eliminate arbitrary barriers and provide' students a range of
opportunities through which they can gain the credentials,skills and education they need to function in
the modem economy of the 21st century.
The division of responsibility between the state and counties for financing public school needs, which
was established by the General Assembly in 1933, became blurred during the years that followed.The
Association supports efforts to clarify state and county responsibility through legislation that reflects
and recognizes the following realities:
• the rightful guarantee of equal access to high quality basic education opportunities for every
child in North Carolina;
the limitation of county government revenue sources and the need for additional sources of
revenue at the county level;
• the impacts of changing technologies on basic educational needs and the job market in the
future;
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• the impact of changes in the state-supported education program on the facility needs of local
school systems;
• the need, if county governments are to remain responsible for school facility needs,for county
commissioners to have the authority to assure that funds appropriated to meet these needs are
used accordingly;
• and the problems experienced by counties, particularly suburban counties in areas surrounding
metropolitan areas, in which growth in school population is not matched by growth in county
revenue.
Further,the Association believes that county commissioners together with the state must be diligent in
carrying out their financing responsibility for school facilities.Adequate capital financing arrangements
will necessitate strong attention to long-range financial planning. School building needs of necessity
must be considered in the context of all facilities that commissioners are required to finance.
County Commissioners and Local Boards
Especially in the area of attaining sufficient state financing for a quality basic education, commissioners
and local school board members can be more effective by acting cooperatively to promote
improvements in public education.
Joint cooperative action between boards of county commissioners and local school boards is essential to
the successful delivery of excellent public education.The free exchange of information and ideas among
the North Carolina Association of County Commissioners,the North Carolina School Boards Association
and the North Carolina Department of Public Education is likewise necessary to promote understanding
of the variety and complexity of issues related to public education.
The Association strongly urges the General Assembly to support counties-in their efforts to fund no
more than one school system per county in order to better utilize school facilities and financial
resources. Taxation for local support of public education should be vested exclusively with boards of
county commissioners.
Community Colleges
North Carolina's community colleges are critical components of the state's integrated efforts to prepare
youth and adults for constructive participation in a constantly changing economy.The NCACC recognizes
the counties'statutory responsibility to provide financial support for plant operations,maintenance and
capital construction, but also supports additional state funds to help counties address construction
needs due to increased enrollments and aging facilities. To meet North Carolina's changing workforce
demands, the NCACC supports increased state funding to train and retrain both young students and
adult citizens.
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Public Education legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Reinstate ADM and lottery funds for school construction—Seek legislation to fully reinstate the
Average Daily Membership funds and Lottery proceeds to the Public School Building Capital
Fund.
2. Authorize county use of lottery funds for technology—Seek legislation to authorize counties to
use lottery funds to address school technology needs.
3. Increase high school graduation rates — Support legislation that encourages students to
complete their high school education by recognizing alternative graduation methods and by
excluding from the definition of dropouts those youth enrolled in high school equivalency
programs at community colleges.
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NCACC Taxation and Finance Policy Statement
Guiding Principles
• The level of government most capable of delivering public services should provide them.
• Counties must have sufficient revenue authority and options to meet public service needs.
• Counties must have access to a broad and balanced revenue base.
• The state should not mandate programs requiring county financial participation, and state-
generated revenues should fund basic state services.
• The state should provide timely and tailored information to sustain county revenue,budget and
financial management integrity.
Introduction
The North Carolina Association of County Commissioners believes that the level of government most
capable of delivering essential public services should be responsible for providing them. In order for
counties to be effective partners with the state and federal governments, counties must have the
authority to generate optional local revenues that are sufficient to meet public service needs while
being responsive to economic change. The county revenue base should be broad and balanced,
permitting counties to raise revenues from various sources rather than being overly dependent on any
single revenue source or overly burdensome on any one group of taxpayers.
A proper balance of service responsibility and revenue-raising authority is imperative for effective
county governance.Any restructuring of county responsibilities should be coupled-with a restructuring
of local revenue sources to meet those responsibilities.
County Revenue Authority
The property tax system is the mainstay of the county revenue base and the Association will continue
efforts to make the property tax system more efficient and equitable.The Association will also seek to
broaden and diversify the county revenue base to include appropriate optional sources that are
responsive to economic change and equitable in terms of impact on residents.
The Association believes that county revenue authority should reflect the following:
• Counties should have authority to generate optional revenues sufficient to meet their
responsibilities, especially for those programs already mandated by the state and federal
governments.
• New taxing authority should not be seen as encouragement for new state and federal
mandates.
• The Association opposes the redistribution of existing revenues, and no redistribution of new
tax sources should be implemented without assessing taxpayer equity as reflected by local
needs,local funding efforts,and local funding capability.
• The General Assembly should reimburse from state sources individual county and city losses if
statewide policy objectives necessitate reductions in local tax bases.
• The General Assembly should recognize that county funding obligations do not diminish when
local revenue base exemptions and exclusions are granted to specific groups and county
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revenue generation is reduced, with the result that the tax burden is shifted from one local
constituency to another.
0 The General Assembly should evaluate exisfing local revenue base exemptions and exclusions to
determine if they have achieved their intended tax policy objectives. New or extended
exemptions and exclusions should include a'sunset'date in their authorizing legislation.
* �qcal government tax revenues.should not be earmarked-for specific programs, functions or..-.
services.
Financing Mandates
County officials recognize their responsibilities for carrying out policies formulated by the General
Assembly. State policy makers should recognize county revenue base limitations and variations in
revenue-producing capabilities among counties and should not mandate programs requiring county
financial participation.
The Association believes that mandated programs should be financed as follows:
0 Where the state has mandated county financing in broad terms,permitting county discrefion in
service levels,counties should have the primary financing responsibility.
* Where the General Assembly has set a minimum of basic service to be available equally to all
state residents, the state should have financing responsibility. County financial participation
should be limited to sharing the programs!administrative costs.
0 Where the federal government has initiated services to provide income maintenance for all
citizens,the federal government should have financing responsibility.
Fiscal Integrity of Counties
Counties need timely information from the legislative and executive branches of state government
regarding budgetary decisions that affect county taxation, budgeting, and fiscal management. In order
to enhance the fiscal integrity of counties, the Association will continue to support improvements in
financial management practices and reduction of inconsistencies in fiscal procedures among programs
administered by county governments.
The Association believes that the continued fiscal health of county government depends upon the
following:
0 State laws and guidance that provide for sound financial management practices that are
adaptable to the special needs of each county.
0 Appropriate state agencies should guide necessary improvements in consistent accounting,
reporting and auditing procedures.
0 State agencies monitoring county programs should not require practices that are redundant,
duplicat�ve,or inconsistent with generally accepted principles of budgeting and accounting.
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Taxation and Finance Legislative Proposals
Priority Goals as Determined by NCACC Board of Directors
1. Preserve the existing local revenue base.
2. Authorize local revenue options--Seek-legislation to allow all counties to enact by resolution
or,at the option of the Board of Commissioners,by voter referendum any or all revenue options
from among those that have been authorized for any other county.
3. Recover costs through In Rem foreclosure fee—Seek legislation to increase the reimbursement
rate for in rem foreclosure collection efforts to recover actual costs,including legal expenses.
Other Goals
Set property tax relief application deadline at June 1 —Seek legislation to establish June 1 as the
statutory deadline for exemption,deferment and other property tax relief applications.
Clarify centralized listing and assessing of cellular and cable companies—Seek legislation to implement
the central listing and assessment of cellular and cable companies.
Clarify definition of charity eligible for property tax relief—Seek legislation to clarify the definition of
charity and set a cap amount for hospitals,facilities financed through Medical Care Commission bonds,
and continuing care facilities, and require that any property valuation exclusion formula provide for a
higher test of charity.
Allow hospital authority access to setoff debt collection — Seek legislation to authorize hospital
authorities to participate in the setoff debt collection program-.
Require sales tax reported at 7ip+4—Seek legislation to require that large vendors report sales tax by
the 9-digit zip code.
Simplify Register of Deeds Fees — Support legislation to require that all real estate recording fees
charged by the Register of Deeds be set at appropriate flat rates,with a single rate paid to a single state
agency,provided that implementation of this legislation not reduce any revenues to any county.
Standardize local Vehicle Fees—Seek legislation to require that all local vehicle fees be adopted at the
time the tax rate is adopted and impose the fees on all registered and unregistered vehicles.
Allow solid waste authority access to setoff debt collection—Seek legislation to authorize solid waste
authorities to participate in the setoff debt collection program.
Manufactured home taxes paid before transfer—Seek legislation to require that all taxes levied on
manufactured homes be paid before the home may be moved,repossessed or sold on site.
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ORANGE COUNTY BOARD OF COMAUSSIONERS
Resolution Detailing Orange County's Recommendations
Regarding Goals for Inclusion in the
North Carolin ion of County Commissioners' (NCACC)
2011-2012 egislative Goals Package
WHEREAS, the North Carolina Association of County Commissioners (NCACC)
organizes a process every two years to develop a legislative goals package; and
WHEREAS, the purpose of the package is,to develop a consensus of broad
support on legislative goals and issues for matters affecting North Carolina
counties that may be addressed during the upcoming North Carolina General
Assembly sessions during next two calendar years; and
WHEREAS, the goals and issues included in NCACC package, with their broad
support, guide and strengthen NCACC representatives and staff as they
converse with individual legislators and committees on legislative matters; and
WHEREAS, NCACC has*begun the process to develop its 2011-2012 Legislative
Goals Package and Orange County and all other North Carolina counties have
been asked to submit proposed legislative goals for consideration for inclusion in
the 2011-2012 Legislative Goals Package by September 15, 2010; and
WHEREAS, Orange County continues to support legislative goals included in
past NCACC legislative goals packages such as:
1) Support for the expansion of revenue options and protection of
revenue sources available to county governments;
2) Opposition to legislation shifting the state's existing responsibility for
funding transportation construction and maintenance projects to
county governments;
3) Support for legislation to provide state assistance to- meet public
school and community college. construction needs caused . by
increased enrollment, mandated reduction in class size and other
factors;
4) Seeking legislation to ensure that state-funded mental health,
developmental disability, and substance abuse services are
available, accessible and affordable to all citizens and that sufficient
state resources fund service provision costs inclusive of sufficient
crisis beds; and
5) Support for legislation to allow public schools systems to regain
access to sales tax refunds (Orange County believes a more
comprehensive solution is supporting legislation to exempt counties,
cities, school boards, community colleges, and local utility authorities
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from payment of state and local sales taxes on purchases within
North Carolina); and
WHEREAS, Orange County believes there are other issues of importance to all
North Carolina counties that should be included as goals in NCACC's 2011-2012
Legislative Goals Package;
NOW THEREFORE we the Orange-County Board of Commissioners do hereby
recommend that NCACC also include the following goals in the NCACC 2011-
2012 Legislative Goals Package:
1) Blo-solids Disposal Support legislation which provides county
governments some opportunity to regulate and/or have input into, but
not prohibit, bio-solids application activities, including the acceptable
"classes" of bio-solids for application and.the prohibition of bio-solids
application in certain environmentally sensitive areas such as critical
watersheds. The appropriate application of bio-solids for agricultural
use should be allowed with counties playing a role in the process;
2) Energy Efficiency Standards in Local Building Codes - Support
changes in State law to allow local governments to include standards
for energy efficiency in local building codes that are higher than those
.contained in the State Building Code;
3) Fire Protection - Additional State Funding for-State-Owned
Buildings - Support legislation to provide additional State
compensation to municipalities and local fire districts providing fire
protection'to state-owned buildings;
4) Entertainment and Sports Event Fee to Support Transportation
Needs - Support legislation to permit a fee to be charged on tickets
purchased for large entertainment and sports events, with the
revenue shared by the respective government jurisdictions and
dedicated to the support of public transit and transportation
programs;
5) Wastewater System Classifications for Volunteer Fire
Departments — Support actions to change North Carolina Division of
Water Quality (DWQ) wastewater system classification rules which
currently classify a spray irrigation system such as one utilized by
volunteer fire departments as "commercialn. When the flow
generated by the system is domestic quality/non-industrial process
wastewater, the system should be held to the same monitoring and
testing standards as a residential wastewater system under DWQ
jurisdiction. In the alternative, volunteer fire departments should be
excluded entirely from the "commercial" classification. The annual
inspections and testing costs associated with a "commercial"
designation for a spray irrigation system serving a volunteer fire
department can be several thousands of dollars. Accounting for the
type of flow actually treated by a system rather than assigning a
blanket"commercial"designation would significantly reduce volunteer
fire departments' annual costs across the state; and
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6) Homestead Exemption Revision — Support Homestead Exemption
provisions of the Machinery Act to provide greater.opportunities for
low-income seniors to remain in their homes and not be displaced
due to property tax burdens, eliminate the discriminatory features of
the exemption provisions relating to couples, and address the
ineffectiveness of the exemption provisions in communities where
property values increase at substantial rates over short periods of
time.
This the 2nd day of September 2010.
Valerie Foushee, Chair
Orange County Board of Commissioners