HomeMy WebLinkAboutAgenda - 09-16-2014 - 7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 16, 2014
Action Agenda
Item No. 7 -b
SUBJECT: Orange County's Recommendations Regarding Goals for Inclusion in the North
Carolina Association of County Commissioners' (NCACC) 2015 -16 Legislative
Goals Package
DEPARTMENT: County Commissioners PUBLIC HEARING: (Y /N) No
County Manager
ATTACHMENT(S):
1) July 1, 2014 Memo — NCACC
Solicitation of County Legislative
Goals Proposals for 2015 -16
2) Draft Resolution — Recommendations
Regarding Goals for Inclusion in the
North Carolina Association of County
Commissioners' (NCACC) 2015 -16
Legislative Goals Package
3) Orange County's 2014 Resolution
Regarding Legislative Matters
(Statewide Matters)
4) North Carolina Association of County
Commissioners' (NCACC) 2013 -14
Legislative Goals Package
PURPOSE: To consider and approve a
Recommendations Regarding Goals for Inclusion in
Commissioners' (NCACC) 2015 -16 Legislative Goals
INFORMATION CONTACT:
Commissioner Earl McKee, 245 -2130
Commissioner Renee Price, 245 -2130
Bonnie Hammersley, County Manager,
245 -2300
Greg Wilder, Manager's Office, 245-
2314
Resolution Detailing Orange County's
the North Carolina Association of County
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,
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 2015 -16 Legislative Goals Package in July 2014. 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 19,
2014.
P�
The County's Legislative Issues Work Group (LIWG), including Commissioners Renee Price
and Earl McKee, County Attorney John Roberts, Staff Attorney Annette Moore, Staff Attorney
James Bryan, and County Manager's Office staff, has recently met. The LIWG developed a
draft resolution for Board consideration that outlines several proposed legislative goals for
inclusion in NCACC's 2015 -16 package. The LIWG's draft resolution is provided at
Attachment 2. 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
Orange County's 2014 Resolution Regarding Legislative Matters (Statewide Matters) is provided
for reference purposes at Attachment 3. This Resolution was approved by the Board on April
15, 2014 for the 2014 General Assembly Session.
A copy of NCACC's 2013 -14 Legislative Goals document is also provided for reference at
Attachment 4. These documents may provide some insight on potential goals to propose to
NCACC for 2015 -16.
FINANCIAL IMPACT: There is no financial impact associated with consideration and approval
of a Resolution Detailing Orange County's Recommendations Regarding Goals for Inclusion in
the North Carolina Association of County Commissioners' (NCACC) 2015 -16 Legislative Goals
Package.
RECOMMENDATION(S): The Manager recommends the Board:
1) Discuss potential goals for the North Carolina Association of County
Commissioners' (NCACC) 2015 -16 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) 2015 -16 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
completed NCACC Legislative Goals Proposal Forms, and any other related
materials to NCACC by the September 19, 2014 deadline.
Attachment 1
AsSOCIATION OF COUNTY COMMIS
TO: Commissioners, County Managers, Clerks and Affiliate Organization Presidents
FROM: David F. Thompson, Exe2!7 r
DATE: July 1, 2014
RE: NCACC Legislative Goals Process
It is time to begin the NCACC legislative goals development process for the 2015 -16 biennium and we
are inviting all counties to submit their legislative proposals to the Association. The NCACC goal setting
process is open, inclusive and deliberative and is designed to give all 100 counties a voice in developing
the Association's legislative agenda.
Before each biennial session of the General Assembly counties submit their proposals to the Association
and then commissioners from all across the state review, debate and ultimately approve a comprehensive
goals package. When working on legislation that may impact counties, policy makers appreciate that all
100 counties have had an opportunity to be involved in our process. A significant value of the
Association is being able to speak with one voice representing all 100 counties. This process allows us to
have that impact.
Discussion by your Board of potential goals and receipt of your proposals is critical to the success of our
process. Attached is a form for submittal of 2015 -16 legislative goals proposals.
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 September 19 will be referred to the appropriate steering
committee for review and consideration.
Included in this package is the 2014 NCACC Legislative Goals Handbook. This handbook includes
information about rules, procedures and guidelines for the legislative goals adoption process. Please note
the following schedule for your planning purposes:
Legislative goals development timeline
• Sept. 19, 2014 Goals submission deadline
• Sept. - Oct. Steering committees review goals
• November Legislative Goals Committee meets
• December Board of Directors reviews and finalizes recommendations
+ January 15 -16, 2015 Legislative Goals Conference, membership approval of goals
If you have any questions, please do not hesitate to contact me or Johanna Reese, NCACC Director of
Government Relations.
215 N. Dawson St., Raleigh, NC 27603 • Phone: (919) 715 -2893 • Fax: (919) 733 -1065 • www.ncacc.org
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100 Counties
One State
C!
2015 -16 biennium
LEGISLATIVE GOALS PROPOSAL FORM
All proposals due to NCACC by Sept. 19, 2014
Mail to: NCACC, Attn. Johanna Reese, 215 N. Dawson St., Raleigh, NC 27603;
E -mail form and documentation to: ncacc @ncacc.org
Fax to: (919) 733 -1065
You may attach additional documentation that supports or
explains the goal in further detail. Each form must be
accompanied by at least one of the following:
• An adopted resolution by the Board of Commissioners;
• A letter from the Board Chairman on behalf of the Board;
• A letter from the president of an affiliate organization;
Name and title of person submitting goal:
Phone:
E -mail:
Goal title:
Goal description (what is the problem being addressed ?):
County staff contact if other than submitter:
Select Steering Committee(s)
You may choose more than one
Agriculture
Environment
General Government
_ Health & Human
Services
_Justice & Public Safety
—Public Education
Tax & Finance
You may also submit goals online — please visit
http : / /Nvww.ncacc.org /stibmitgoal
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DRAFT RES- 2014 -059 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)
2015 -2016 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 2015 -2016 Legislative
Goals Package and Orange County and all other North Carolina counties have
been asked to submit proposed legislative goals by September 19, 2014 for
consideration for inclusion in the 2015 -2016 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 2015 -2016
Legislative Goals Package;
NOW THEREFORE we, the Orange County Board of Commissioners, do hereby
recommend that NCACC include the following goals in the NCACC 2015 -2016
Legislative Goals Package-
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) Oppose any shift of state transportation responsibilities to
counties — Oppose legislation to shift the state's responsibility for
funding transportation construction and maintenance projects to
counties. Counties cannot afford to assume costs for maintaining
secondary roads and /or funding expansion projects. Unlike counties in
r
other states, whose traditional funding responsibilities are secondary
roads, North Carolina counties are responsible for the administration of
local human services programs, and fund educational operating and
capital expenses. The North Carolina Association of County
Commissioners (NCACC) has estimated that a transfer of secondary
road maintenance responsibilities would cost counties more than $500
million annually. Some of the more rural counties would have to
increase property taxes by as much as 30 cents per $100 in valuation to
generate the amount of revenue needed to maintain the same level of
service;
3) Reinstate ADM and Lottery Funds for School Construction — Seek
legislation to fully reinstate the Average Daily Membership (ADM) funds
and Lottery proceeds to the Public School Building Capital Fund. The
Public School Building Capital Fund is housed in the N.C. Department
of Public Instruction and is comprised of two sources of revenue: a set -
aside from the corporate income tax, known as the ADM fund, which is
allotted based on average daily membership (ADM) in each county; and
40 percent of the net proceeds from the N.C. Education lottery.
Counties have relied on these funds to repay debt service for public
school construction and renovation.
4) Bond Referendum for Education — 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;
5) Smart Start and More at Four — Support legislation to increase and
ensure secure and stable funding, enhanced quality early care and
education, and family access and benefits in settings public and private.
Sustain teacher quality; evidence -based learning objectives; healthy life
styles; and community engagement.
6) Child Care Subsidy — Seek legislation to reverse changes made to the
child care subsidy program available to working families.
7) Sales Tax Exemption — Support legislation to exempt counties, cities,
school boards, community colleges, and state or county established
water and sewer authorities 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, support
legislation to allow public schools to apply for sales tax refunds;
8) Tax System Modifications — Seek legislation that enhances the county
property tax system with increases in the income qualifications for
rA
homestead exemption and support reinstatement of the earned income
tax credit.
9) Standard Deadline for Board of Equalization & Review Appeals —
Support legislation amending North Carolina General Statute 105 -322
of the Machinery Act to provide for statewide uniformity in the deadline
for filing an appeal with the county Board of Equalization and Review
with additional time to taxpayers who receive late notices of value
changes. Currently each county Board of Equalization and Review
establishes its own deadline for these appeals. A uniform statewide
deadline by which such appeals must be filed would eliminate
uncertainty for taxpayers wishing to challenge their valuations.
10) Medicaid Expansion — Seek legislation to expand Medicaid coverage
under the Affordable Care Act to provide coverage for low- income
adults and families.
11) Medicaid Rates to Cover Costs — Support legislation for a rate
increase for Medicaid services to at least cover cost of service. In an
effort to curb Medicaid costs, legislative actions over the past 10 years
routinely show a Medicaid service- provider rate reduction or a reduction
in the inflationary increases for reimbursement rates, increases to keep
pace with medical inflation. Despite a 50 percent plus increase in
Medicaid clients, fewer physicians are choosing to treat Medicaid clients
given lower reimbursement rates than that offered under private
insurance plans.
12) County Jail System /Housing State Inmates Reimbursement —
Support 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 -trial prison transfer;
13) Drug Treatment Court Funding — Seek legislation to restore funding
to Drug Treatment Courts in North Carolina. In 2011, the General
Assembly eliminated all state funding for Drug Treatment Courts. These
courts were created by the General Assembly in 1995 and have been
utilized across the state to address substance abuse issues in the
criminal justice system, reduce alcohol and drug - related caseloads, and
promote effective use of resources for substance abuse treatment.
Without funding for these courts, many counties have lost a valuable
resource for managing judicial caseloads and addressing substance
abuse issues.
14) Funding for Gang Prevention, Adolescent Substance Abuse and
Domestic Violence Prevention, Intervention and Treatment —
Support legislation to provide state funding for gang prevention,
adolescent substance abuse and domestic violence prevention,
intervention and treatment. In past budget years, the state budget has
included funds for these critical programs. These programs pay
dividends because they help reduce criminal activity. Failure to fund
these types of programs will result in significantly higher costs to the
legal system.
15) 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.
Oppose 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;
16) Agriculture /Solar Energy — Support legislation providing renewable
energy initiatives to create a market for agricultural- sourced energy
credits and 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 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. In addition, supports
legislation keeping the amount of renewable energy certificates
purchased from in -state and out -of -state facilities to meet the
requirement of the Renewable Energy and Energy Efficiency Portfolio
Standards at current levels or reducing them to fifteen percent (15 %);
17) E -911 Funds - Support legislation for permanent authorization to use E-
911 funds for all public safety disciplines. Support 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 50% 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 had to be completed by June 30, 2012;
18) Mental Health — Support 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;
19) Land, Water and Agricultural Preservation Funding /Conservation —
Support the restoration of funding for Park, Agricultural Preservation,
Clean Water and other existing trust funds established for the protection
of the State's land, water, biological resources, agriculture, and special
places before they are irreversibly lost; and also support 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;
20) Concealed Weapons in Parks - Seek legislation authorizing counties
to fully regulate the carrying of concealed weapons in parks, and
specifically a revision of North Carolina General Statute 14- 415.23,
which limits the authority of local governments to regulate the carrying
of concealed weapons in parks and other areas where large numbers of
children may congregate.
21) Participation in Solid Waste Programs for Recycling — Support
legislation authorizing counties to require county residents to participate
in solid waste collections programs conducted by counties and impose
a fee for the solid waste collection services in a manner similar to the
authority granted to cities. The fee may not exceed the costs of
collection;
22) Potentially Dangerous Dog Declarations — Appeals Timetable —
Support legislation amending North Carolina General Statute 67 -4.1.0
to allow an appellate Board considering a potentially dangerous dog
declaration to convene a hearing "within 10 regular business days of the
filing of an objection ". The current 10 -day timetable to convene a
hearing presents a significant challenge as members of appeals bodies,
often community residents, have personal and business obligations that
create a struggle to schedule meetings within the mandated 10 -day
timeframe.
This the 16th day of September 2014.
Barry Jacobs, Chair
Orange County Board of Commissioners
X
For Reference Purposes Only lAttachme nt 3 10
RES - 2014 - 021
NORTH CAROLINA
ORANGE COUNTY
RESOLUTION REGARDING
LEGISLATIVE MATTERS
BE IT RESOLVED by the Board of County Commissioners of
Orange County that the Board hereby requests the Senator and
Representatives representing Orange County 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) * Oppose any shift of state transportation
responsibilities to counties - Oppose legislation to
shift the state's responsibility for funding
transportation construction and maintenance projects to
An item denoted with a " *" generally coincides with a similar North
Carolina Association of County Commissioners (NCACC) 2013 -14 Legislative
Goal.
11
counties. Counties cannot afford to assume costs for
maintaining secondary roads and /or funding expansion
projects. Unlike counties in other states, whose
traditional funding responsibilities are secondary
roads, North Carolina counties are responsible for the
administration of local human services programs, and
fund educational operating and capital expenses. The
North Carolina Association of County Commissioners
(NCACC) estimates that a transfer of secondary road
maintenance responsibilities would cost counties more
than $500 million annually. Some of the more rural
counties would have to increase property taxes by as
much as 30 cents per $1.00 in valuation to generate the
amount of revenue needed to maintain the same level of
service;
3) 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
12
would preserve local option and authority where needed
to deploy community broadband systems and ensure
community access to critical broadband services;
4) * 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
fully restore public schools' access to sales tax
refunds;
5) * Smart Start and More at Four - Orange County supports
legislation to increase and ensure secure 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 education has proven to help alleviate the
achievement gap; curb the need for costly services
(including special education); and reduce societal cost
13
by increasing graduation rates. Orange County Schools
and Chapel Hill - Carrboro City Schools are ardent allies
in ensuring that actions at the state level support
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 Robin
Pulver.) ;
6) County Jail System /Housing State Inmates Reimbursement
- Orange County seeks 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 -trial prison transfer. The
County appreciates past efforts, in particular the
establishment 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
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working, with Orange County inmates routinely
transferred out of Orange County to other facilities;
7) Agriculture /Solar Energy - Orange County supports
renewable energy initiatives such as House Bill
495 /Senate Bill 473 (2011) and Senate Bill 694 (2011)
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;
8) Authority to Amend the Orange County Civil Rights
Ordinance - Orange County seeks legislative action to
provide the County the authority to include sexual
orientation and sexual identity as protected classes.
15
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 890 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);
9) * E -911 Funds - Orange County supports permanently
extending the authorization to use E911 funds for all
public safety disciplines. 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
i[:
Statute (NCGS) 62A -47 Section 9 allowed local
governments to use 50a 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 had to
be completed by June 30, 2012;
10) * Mental Health - Orange County seeks 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;
11) * Land, Water and Agricultural Preservation
Funding /Conservation - Orange County supports Park,
Agricultural Preservation, Clean Water and other
existing trust funds established for the protection of
the State's land, water, biological resources,
agriculture, and special places before they are
irreversibly lost, and requests that these funds
receive additional funding (See Exhibit B - RES -2013-
015 regarding funding for the Clean Water Management
Trust Fund) ; and also supports a conservation option
under the Use Value Program and a revision to the
17
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;
12) Machinery Act - Orange County believes that local
governments need more flexibility to remedy measurement
and /or condition property appraisal errors related to
local property tax functions. 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. 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;
13) Homestead Exemption - 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
iR
approving a one -time ten percent (100) increase
in the income qualification standard; and
maintaining the current provisions which increase
the income qualification standard each year based
on any 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;
14) Bond Referendum for Education - Orange County supports
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;
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15) Electronics Advanced Recycling Fee - Orange County
supports 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 (100) of its
actual electronic recycling expenses);
16) Concealed Weapons in Parks - Seek legislation
authorizing counties to fully regulate the carrying of
concealed weapons in parks. Specifically the Orange
County Board of Commissioners supports revision of
North Carolina General Statute 14- 415.23, which limits
the authority of local governments to regulate the
carrying of concealed weapons in parks and other areas
where large numbers of children may congregate. Parks
Qfj
are areas where families with young children spend
significant amounts of time. Ensuring there are no
firearms present which may accidentally or
unintentionally discharge is a legitimate interest of
local governments in furthering the safety of their
residents.
17) Participation in Solid Waste Programs for Recycling -
Orange County supports legislation authorizing counties
to require county residents to participate in solid
waste collections programs conducted by counties and
impose a fee for the solid waste collection services in
a manner similar to the authority granted to cities.
The fee may not exceed the costs of collection. (See
Exhibit C - Draft Statewide Bill);
An item denoted with a " *" generally coincides with a similar North Carolina
Association of County Commissioners (NCACC) 2013 -14 Legislative Goal.
Upon motion of Commissioner Bernadette Pelissier, seconded
by Commissioner Alice Gordon, Item #1 of the foregoing
resolution was adopted by a vote of 6 -1 (Commissioner Earl McKee
voting nay) this the 15th day of April, 2014.
Upon motion of Commissioner Earl McKee, seconded by
Commissioner Alice Gordon, Item #17 of the foregoing resolution
was adopted by a vote of 5 -2 (Commissioners Mark Dorosin and
Renee Price voting nay) this the 15th day of April, 2014.
Upon motion of Commissioner Alice Gordon, seconded by
Commissioner Bernadette Pelissier, the foregoing resolution was
adopted by a vote of 6 -1 (Commissioner Mark Dorosin voting nay)
this the 15th day of April, 2014.
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 15, 2014 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
of April, 2014.
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Clerk to the Board of Commiss
PA
EXHIBIT A
Orange County Partnership for Young Children
Robin Pulver, Executive Director
Smart Start NC Pre K Information
Smart Start 2014 -2015:
• 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.
Continued cuts to Smart Start funding over the years have decimated these
programs.
• Continue the waitlist reduction for child care subsidy in the upcoming year.
• Enhance and maintain quality in early care and education in all settings (public
and private) by supporting teacher quality; evidence based learning objectives;
healthy life styles and community engagement.
NC Pre K (MAF) 2014 -2015:
• Support and increase funding to serve more children in quality early education.
• NC Pre K should continue to be offered in a variety of settings, including child
care, public schools, head start, etc. Maintaining this diversity allows the
maximum of parent choice and funding.
• Maintain the definition of "at- 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 5 private child care
centers continue to work collaboratively to provide the highest quality Pre K services.
The school districts 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 thank Commissioner Mark Dorosin and
Assistant County Manager Grier 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 Robin Pulver, OCPYC Executive Director at 919 -967-
9091 or rpulvergorangesmartstart.org if you need any additional information.
RES- 2013 -015 EXHIBIT B
Resolution to Support 2013 -2015 Funding for the
Clean Water Management Trust Fund
Whereas, the 1996 North Carolina General Assembly established the Clean Water Management
Trust Fund to provide an innovative and non- regulatory approach to the protection and restoration
of the surface waters all across the state; and
Whereas, the Clean Water Management Trust Fund is a non - regulatory program established to help
meet infrastructure needs of municipalities and counties, restore degraded surface water, protect
watersheds, increase recreational opportunities, and enhance quality of life in this state, all critical
components for communities to obtain a competitive edge in their economic development; and
Whereas, the Clean Water Management Trust Fund has funded 452 infrastructure projects to assist
North Carolina communities balance infrastructure needs with environmental protection and to help
struggling communities become self - reliant with future infrastructure needs; and
Whereas, infrastructure needs across the state addressing drinking water, wastewater, and
stormwater are estimated at $16.6 billion between 2005 and 2030; and
Whereas, the Clean Water Management Trust Fund has leveraged more than $1 billion of private,
local and federal funds to support projects, and Orange County has, either directly or in partnership
efforts with other entities, benefited from approximately $2.6 million in grants and approximately
$2.3 million in loans from the Fund; and
Whereas, the General Assembly has reduced funding for the Clean Water Management Trust Fund
by 78% since 2010; and
Whereas, limited funding for the Clean Water Management Trust Fund left 88% of 2012 critical
local needs unmet and
Whereas our economic vitality, health and ability to sustain ourselves and the natural environment
all rely on clean water; and
Whereas, surface water must be protected to ensure sufficient drinking water supply for the state's
growing industrial base and population; and
Whereas, Clean Water Management Trust Fund has provided grant(s) to Orange County to do one
or more of the following: to protect, restore or enhance surface water quality for the benefit of the
state's agriculture, military, recreation and tourism economies and to protect our natural heritage for
the benefit of all North Carolinians;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners at its
meeting on February 19, 2013 that Orange County supports the Clean Water Management Trust
Fund and requests that the Fund receive an increase in recurring funding from the Governor and the
North Carolina General Assembly for the 2013 -2015 biennial budget.
This the 19"' day of February 2013.
23
Q!
EXHIBIT C
BILL DRAFT 2013-
1 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE COUNTIES TO OPERATE
2 RESIDENTIAL RECYCLABLE MATERIALS COLLECTION PROGRAMS.
3
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 153A -292 is amended to read:
6 County collection and disposal facilities and collection programs.
7 (a) The board of county commissioners of any county may establish and operate solid
8 waste collection and disposal facilities in areas outside the corporate limits of a city. The board
9 may by ordinance regulate the use of a disposal facility provided by the county, the nature of
10 the solid wastes disposed of in a facility, and the method of disposal. The board may contract
11 with any city, individual, or privately owned corporation to collect and dispose of solid waste
12 in the area. Counties and cities may establish and operate joint collection and disposal facilities.
13 A joint agreement shall be in writing and executed by the governing bodies of the participating
14 units of local government. The board may by ordinance establish a program for the collection
15 of residential recyclable materials.
16 (b) The board of county commissioners may impose a fee for the collection of solid
17 waste. The fee may not exceed the costs of collection.
18 The board of county commissioners may impose a fee for the use of a disposal facility
19 provided by the county. The fee for use may not exceed the cost of operating the facility and
20 may be imposed only on those who use the facility. The fee for use may vary based on the
21 amount, characteristics, and form of recyclable materials present in solid waste brought to the
22 facility for disposal. A county may not impose a fee for the use of a disposal facility on a city
23 located in the county or a contractor or resident of the city unless the fee is based on a schedule
24 that applies uniformly throughout the county.
25 The board of county commissioners may impose a fee for the availability of a disposal
26 facility provided by the county. A fee for availability may not exceed the cost of providing the
27 facility and may be imposed on all improved property in the county that benefits from the
28 availability of the facility. A county may not impose an availability fee on property whose solid
29 waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a
30 county, a city, or a private contractor for the collection of solid waste includes a charge for the
31 availability and use of a disposal facility provided by the county. Property served by a private
32 contractor who disposes of solid waste collected from the property in a disposal facility
33 provided by a private contractor that provides the same services as those provided by the
34 county disposal facility is not considered to benefit from a disposal facility provided by the
35 county and is not subject to a fee imposed by the county for the availability of a disposal
*2009 -LBx- 326 -v -3*
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facility provided by the county. To the extent that the services provided by the county disposal
facility differ from the services provided by the disposal facility provided by a private
contractor in the same county, the county may charge an availability fee to cover the costs of
the additional services provided by the county disposal facility.
The board of county commissioners may impose a fee for a residential recyclable materials
collection program provided by the county. A fee may not exceed the cost of povidin�4 the
collection service and may be imposed on all benefited improved property along designated
collection routes. A countymay not impose a recyclable materials collection program fee on
improved property from which residential recyclable material is collected by a private
contractor for a fee if the private contractor collects the same recyclable materials as those
collected by the county collection program. The fee may be imposed in full if the private
contractor does not, at a minimum, collect the same recyclable materials collected by the
county. Upon presentation to the county of a valid contract for such service between the
property owner or current resident and private contractor, such improved property is not
considered to benefit from a residential recyclable materials collection program provided by the
county and is not subject to a fee imposed by the county for the residential recyclable materials
collection program provided by the county. A pro -rated fee may be assessed to benefited
property for qny portion of a calendar year the benefited property is not served by a private
contractor.
In determining the costs of providing and operating a disposal facility or residential
recyclable materials collection program, a county may consider solid waste management costs
incidental to a county's handling and disposal of solid waste at its disposal facility or residential
recyclable materials collection program, including the costs of the methods of solid waste
management specified in G.S. 130A- 309.04(a) of the Solid Waste Management Act of 1989. A
fee for the availability or use of a disposal facility may be based on the combined costs of the
different disposal facilities provided by the county. A fee for the residential recyclable
materials collection program may be based on the combined costs of the different materials
collected through the program and may also be based on differing levels of service.
A county may operate a residential recyclable materials collection program within the
corporate limits of a city upon a resolution to that effect by the city governing board.
(c) The board of county commissioners may use any suitable vacant land owned by the
county for the site of a disposal facility, subject to the permit requirements of Article 9 of
Chapter 130A of the General Statutes. If the county does not own suitable vacant land for a
disposal facility, it may acquire suitable land by purchase or condemnation. The board may
35 erect a gate across a highway that leads directly to a disposal facility operated by the county.
36 The gate may be erected at or in close proximity to the boundary of the disposal facility. The
37 county shall pay the cost of erecting and maintaining the gate.
38 (d), (e) Repealed by Session Laws 1991, c. 652, s. 1.
39 (f) This section does not prohibit a county from providing aid to low- income persons
40 to pay all or part of the cost of solid waste management services for those persons. (1961, c.
41 514, s. 1; 1971, c. 568; 1973, c. 535; c. 822, s. 2; 1981, c. 919, s. 22; 1989 (Reg. Sess., 1990), c.
42 1009, s. 3; 1991, c. 652, s. 1; 1995 (Reg. Sess., 1996), c. 594, s. 27; 2007 -550, s. 10(a).)
43 SECTION 2: This act is effective when it becomes law.
44
04:
ASS+C7cixriON OF COUNTY COMMISSIONERS
Top Five Goals for 2013 -14
I. Oppose shift of state transportation responsibilities to counties
2. Reinstate ADM and lottery funds for school construction.
3. Oppose unfunded mandates and shifts of state responsibilities to counties.
4. Ensure adequate mental health funding.
5. Preserve the existing local revenue base.
Agriculture Legislative Goals
AG -1: Adequately fund agricultural research and extension services.
Support legislation to fund the agricultural and research extension offices through the University
of North Carolina system, principally at N.C. State University and N.C. A &T State University.
Extension offices are located throughout the state and facilitate programs that assist residents in a
wide variety of programs focused on agricultural economic development. Adequate funding of
these programs benefits the agriculture economy in every county.
AG -2: Support and promote 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 exploring
the impacts of transfer of development rights.
Environment Legislative Goals
ENV -1: Restore state funding and responsibility for river basin monitoring, streamline
rulemaking, and enhance regional cooperation.
Support legislation to enhance monitoring for all river basins in North Carolina and review the
rule- making process to enhance regional cooperation. Increased monitoring would allow
jurisdictions to better assess compliance with water quality rules and, over time, allow the
Division of Water Quality to make better decisions regarding future promulgation of water -
quality rule making.
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. North Carolina is a fast - growing state that has already
experienced drought - related challenges to its water supply, impacting both quantity and quality.
It is likely that many new sources of drinking water will be needed to meet future demand, yet
the timetable to bring a new water reservoir on line can take years, even decades, to satisfy all
the environmental permitting requirements mandated by the state.
PXI
ENV -2: Eliminate requirement for a 10 year solid waste management plan and add a
requirement in the Solid Waste Management and Facilities annual report for long -term
planning.
Support legislation to eliminate the statutory provisions requiring units of local government to
prepare 10 -year solid waste management plans in order to simplify the process, reduce costs and
produce results more relevant for local governments. Currently, a 10 -year plan and any changes
to it, including mandatory three -year updates, must often be approved by multiple units of
government, even those that may not utilize local waste disposal facilities. The original and
primary reason for requiring 10 -year plans was to measure remaining landfill space to ensure
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.
ENV -3: Authorize some county oversight of bio- solids application.
Support legislation that 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.
ENV -4: Modify spray irrigation systems classification for volunteer fire departments.
Support legislation to change North Carolina Division of Water Quality (DWQ) wastewater
system classification rules that 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 also 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 to the system would significantly reduce volunteer the annual costs for
fire departments across the state, saving taxpayer dollars supporting these services.
ENV -S: Monitor and protect counties from negative fiscal and environmental impacts caused by
natural resource extraction and oppose removal of Virginia's ban on uranium mining.
Support state legislative and regulatory actions to protect county budgets and services from any
negative impacts resulting from natural resource extraction. The state is moving forward in
exploring new means of, and additional locations for, natural gas extraction. Such activities have
the potential to affect county government operations and quality of life in impacted areas, and
therefore could increase county service costs.
Oz:
Health & Human Services Legislative Goals
HHS -1: Ensure adequate mental health funding.
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 and
supportive housing. While North Carolina counties largely fund social services administration
and health services, the state has been traditionally responsible for mental health expenses.
The state is undertaking a massive restructuring of community mental health services, converting
and merging existing local management entities into managed care organizations charged with
overseeing a capitated model of funding. State budget cuts and federal policy changes have
reduced statewide resources to support crisis services, chronic mental health management, and
state psychiatric hospital capacity. Policy changes have shifted public guardianship
responsibilities from LMEs to county social services staff.
The state has purchased local hospital beds set aside for the mentally ill, but additional funding is
needed for increased bed capacity. Recent federal action to relocate adult care home residents
suffering from mental illness to community -based housing will require increased and sustained
state funding to build local supportive housing resources and wrap- around services.
HHS -2: Retain county management of nonemergency Medicaid transport.
Seek legislation that allows counties to retain the management and coordination of Medicaid
nonemergency medical transportation services. A special provision in the 2013 State
Appropriations Act directed the N.C. Department of Health and Human Services to develop and
issue a request for proposals to privatize the management of nonemergency medical
transportation services for Medicaid recipients. A statewide transportation management
brokerage firm could remove all coordination efforts currently in place to share transportation
services costs amongst funding sources.
North Carolina is recognized nationally for its coordinated system of community human services
transit systems. Largely managed by professional transit administrators under the oversight of
county management, these coordinated systems provide efficient trip scheduling and travel for an
array of human services clients including veterans, elderly citizens, children in daycare, and
Medicaid recipients. Shared trips to the same geographic area equate to shared costs among the
clientele, with cost efficiencies evidenced by North Carolina's cost - effective per member per
month (pmpm) cost of $2.45. Other states have pmpm costs averaging $6 and above.
HHS -3: Preserve federal block grants and state aid to counties for county - administered
programs and oppose unfunded workload mandates.
Seek legislation and monitor state budget activities to ensure that federal block grant and state
aid to counties funds, traditionally used to support county- administered social and health
services, are not redirected to offset state administrative expenses. Support human services
administrative simplification efforts and resist changes in state policies and procedures that add
to county administrative costs.
Counties have already experienced an annual loss of $36 million in federal welfare reform funds
and looming federal deficit reduction measures are likely to compound these losses for health,
social services, and mental health programs. The state has eliminated its $5.4 million annual
appropriation in state aid to counties for social services, although some state aid dollars remain
OW
for county health expenses. The state has backfilled state budget cuts in childcare and other
human services programs with federal dollars once designated for direct county programs.
County budgets must be protected as the state continues to grapple with anemic revenue growth,
and as fewer federal dollars are made available for community -based human services.
HHS -4: Restore local autonomy to LME/MCO governance structure.
Seek legislation to restore local autonomy to LME/MCO governance structure, to ensure that
each county be allowed to appoint, at a minimum, one county commissioner to its local
LME/MCO Board. 5191, enacted in the 2012 legislative session, sets maximum size limitations
of 21 members on LME/MCO boards, and stipulates board membership composition for 10 of
these members to specific consumer, health, insurance and finance disciplines. Counties
participating in an LME/MCO with at least 12 county members cannot be assured of appointing
one of its county commissioners to represent its interests and that of its constituents on the
LME/MCO governance board. LME/MCOs with population catchment areas of 1.25 million or
more are exempt from these limitations.
HHS -5: Oppose weakening of smoke free restaurant and bars law.
Oppose any bill or amendment that weakens current statutory regulations requiring smoke -free
restaurants and bars. The 2004 General Assembly enacted a comprehensive ban on smoking in
all restaurants and bars and set up a regulatory framework to ensure compliance with the smoke -
free requirements.
HHS -6: Increase Nursing Home Community Advisory Committee membership flexibility.
Seek legislation to provide greater flexibility in the membership of Nursing Home Community
Advisory Committees. Per G. S. 131E -128, every county having a nursing home within its
boundaries must establish a nursing home advisory committee to monitor nursing home care and
resolve grievances of nursing home residents. As a part of its monitoring responsibilities, each
advisory committee must visit each nursing home within its jurisdiction at least four times per
year. Counties with four or more nursing homes must appoint NHCA subcommittees to manage
this on -site workload. Advisory committees and subcommittees cannot include any members
who are persons or family members with a financial interest in a home served by the committee,
an employee or governing board member of such a home, or an immediate family member of a
nursing home resident. These exclusions limit the number of interested parties wishing to serve
on an NHCA, and counties throughout the state are having difficulty identifying persons to serve
on these committees.
HHS -7: Increase childcare subsidies to reduce waiting lists and support funding for Smart Start
and NC Pre -K.
Support an increase in childcare subsidies to ensure access to affordable childcare and support
funding for early childhood and pre - kindergarten programs. Continuing state budget challenges
have diminished state resources to backfill one -time federal dollars for childcare expenses and
offset state cuts in childcare subsidies Smart Start and N.C. Pre -K. As of July 2012, nearly
37,500 children were waiting for childcare services, likely preventing their parents from
remaining in, or joining, the workforce. Smart Start and N.C. Pre -K faced 20 percent state budget
cuts in 2011, despite continued growth in the Pre -K population.
I
1(
HHS -8: Increase Medicaid rates to cover costs.
Support a rate increase for Medicaid services to at least cover cost of service. In an effort to curb
Medicaid costs, legislative actions over the past 10 years routinely show a Medicaid service -
provider rate reduction or a reduction in the inflationary increases for reimbursement rates,
increases to keep pace with medical inflation. Despite a 50 percent plus increase in Medicaid
clients, fewer physicians are choosing to treat Medicaid clients given lower reimbursement rates
than that offered under private insurance plans.
HHS -9: Support an increase in food and lodging inspection fees to cover costs.
Seek legislation to increase food and lodging inspection fees or authorize county governments to
charge cost -based fees for restaurant and facility inspections. Unlike other inspection fees such
as building inspections fees that can be set to recover costs, food and lodging inspection fees are
set statutorily and do not reflect county costs of inspections operations and administration. The
state collects the current fee, which is set at $75 per annual business inspection, and returns 66
percent of these revenues to the county of origin. Not only is this fee well below actual
inspections costs, no additional fees are permitted should county inspectors need to revisit an
individual business multiple times to ensure compliance with health and safety regulations.
HHS -10: Restore state funding of public health accreditation.
Seek legislation to restore state funding for the state - mandated accreditation program for county
public health departments. G.S. 130A -34.1 requires all local public health departments to obtain
and maintain accreditation, which examines a local health department's capacity to provide
essential public health services, its facilities and administration, its staffs' competencies and
training procedures or programs and its governance and fiscal management. The process includes
a self - assessment, a site visit by a team of experts to clarify, verify, and amplify the information
in the self - assessment and accreditation approval by the Local Health Department Accreditation
Board, which is housed and staffed by UNC's Institute for Public Health. Failure to obtain and
maintain accreditation by July 1, 2014, will jeopardize state and federal funding for public health
services. The 2012 State Appropriations Act eliminated the $300,000 in recurring funding to
support UNC administration of the public health accreditation program.
Intergovernmental Relations Legislative Goals
IGR -1: Oppose any shift of state transportation responsibilities to counties.
Oppose legislation to shift the state's responsibility for funding transportation construction and
maintenance projects to counties. Counties cannot afford to assume costs for maintaining
secondary roads and /or funding expansion projects. Unlike counties in other states, whose
traditional funding responsibilities are secondary roads, North Carolina counties are responsible
for the administration of local human services programs, and fund educational operating and
capital expenses. The NCACC estimates that a transfer of secondary road maintenance
responsibilities would cost counties more than $500 million annually. Some of the more rural
counties would have to increase property taxes by as much as 30 cents to generate the amount of
revenue needed to maintain the same level of service.
IGR -2: Allow more cost effective methods for second primary elections.
31
Support legislation to authorize alternatives to second primary elections that minimize excessive
costs while protecting the integrity of the electoral process. The costs for second primary
elections can be very high, especially when compared to voter turnout. New and expanded
alternatives, similar to one -stop voting or limited early voting sites and schedules, should be
explored and piloted for second primaries and run -off elections.
IGR -3: Maintain current requirements for county commission approval of Extraterritorial
Jurisdictions (ETJ) designations and expansions.
Support legislation that maintains the current requirements for county approval of ETJ changes.
With recently enacted changes to the annexation laws, ETJ will certainly be a focus of planning
and growth. In certain jurisdictions with higher populations, current law calls for Board of
County Commissioner approval for ETJs beyond any one -mile expansion. Counties would like
to maintain that level of input and make sure that the county voice is included in further ETJ
expansion.
IGR -4: Implement combined motor vehicle registration and property tax collection system by
July 1, 2013.
Support legislation to ensure that the combined motor vehicle registration and property tax
collection system be implemented by its statutory deadline of July 1, 2013. In 2005, the NCACC
included this issue in our legislative goals and supported its passage. Implementation of the
combined motor vehicle registration /property tax system has been delayed several times given
the complex automation systems needed for operations, but the program is still important to
county governments. North Carolina is the only state that continues to collect motor vehicle
property taxes in arrears of license plate registration and renewal. Property tax collection rates
for motor vehicles alone are 10 percentage points below that of all other property. It is estimated
that once this system is up and running, counties will reap more than $50 million annually in
currently uncollected property taxes on motor vehicles.
IGR -5: Allow county participation in the State Health Plan.
Support continued legislative action aimed at allowing optional participation by counties in the
State Health Plan (SHP). Proposed language would allow counties to participate on a short -term
basis in order for the State to determine the impacts from the Federal Affordable Health Care
Act.
IGR -6: Support legislation to grant counties the option to provide notice of public hearings and
other legal notices through electronic means in lieu of required publication in any newspaper.
Seek legislation to provide counties with options for notice of public hearings, notice of
delinquent taxpayers, and other legal notices, through electronic means. Current statutes require
counties to purchase expensive ads in local newspapers when announcing various public
hearings, meetings or other items. With many more citizens now getting their news online
instead of from traditional newspapers, allowing counties to post these notices on their county -
owned Web sites will save taxpayers money and make it easier on taxpayers to find the
information at their demand.
IGR -7: Increase informal let bid threshold for NCDOT local projects.
195%
Support legislation that increases the informal bid limit of $1.2 million for NCDOT projects.
Current law permits local NCDOT divisions to approve projects that are less than $1.2 million in
scope instead of completing the more lengthy and cumbersome formal bidding process. Board of
Transportation approval is still required, but this informal bid limit does help to streamline and
expedite the building process. The $1.2 million cap was established several years ago and has not
been adjusted to compensate for increased construction costs involved in road construction.
IGR -8: 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. Salaries and benefits for public
sector employees remain strong in North Carolina because different jurisdictions are competing
over the same highly skilled and specialized employees, such as police, firefighters, emergency
medical personnel and public school teachers. Lifting the state's ban on collective bargaining
would require every county in the state to negotiate for salaries and benefits with groups
representing local teachers, firefighters, sheriffs deputies, EMS employees and others that are
unionized. Collective bargaining for public employees would neither improve county
government efficiency nor result in improved services to citizens. The likelihood is that
collective bargaining would increase operational costs for county governments, would create an
adversarial relationship between management and employees, and would create two classes of
employees — those in unions and those not in unions.
IGR -9: Support maintaining local control of the NC ABC System and preservation of local ABC
revenues.
Support legislation to protect local control of the local ABC system, including all local revenue
streams generated through local ABC store operations. Given the state's dire budget situation,
legislative leaders have considered privatizing all or parts of the state's system of alcoholic
beverage control to generate significant amounts of cash in the short term. Many counties
recognize ABC revenues in their budgets. The loss of these revenues would create holes in
county budgets. In addition, cities and counties are better suited to make decisions about
alcoholic beverage distribution, including where to locate stores and whether to merge with other
systems.
IGR -10: Support release of Help America Vote Act (HAVA) funds to assist counties with election
costs.
Support legislation that provides the state maintenance -of- effort match to draw down the $4
million in remaining federal HAVA funds. Counties use various county, state, and federal funds
to operate election services. Taking advantage of Help America Vote Act (HAVA) funds would
be very beneficial to ease funding pressures at the county level.
33
Justice & Public Safety Legislative Goals
JPS -1: Seek legislation to limit the amount that providers can charge counties for inmate
medical care to no more than what is allowed by the Department of Correction.
Seek legislation that would authorize medical care providers to charge counties for inmate
medical services at a rate not to exceed the rates paid by the State Department of Public Safety to
inmate medical providers. Counties are responsible for medical costs when inmates are
incarcerated in county jails, and counties often pay full, non - negotiated rates for inmate medical
care, resulting in great expense to counties. State reimbursement rates have been capped in recent
state budget provisions, and counties seek the same cap on inmate medical expenses to save
taxpayer dollars on these costs.
JPS -2: Seek legislation to expand county governments' use of 911 funds, protect and enhance
current funding streams and maintain full operational flexibility and autonomy.
Seek legislation to protect and enhance current e911 funding streams, as well as increase
flexibility in use of those funds for the betterment of county 911 systems. Significant strides
were made in 2010 to revamp 911 laws and give counties greater flexibility in utilizing 911
funds. At the same time, the 911 Board was directed to adopt a funding model and standards.
Counties have expressed concern about decisions made at the Board level related to the funding
model, as well as the adoption of certain standards that would have negative economic impacts
on county 911 systems.
JPS -3: Oppose legislation that would limit a county's ability to operate a pretrial release
program.
Oppose legislation that would limit counties from operating pretrial programs. Such limitations
would result in increased costs to counties and put additional burdens on county jails. Counties
throughout the state operate pretrial programs that help to evaluate individuals awaiting trial in
county jails. These programs assist the judicial system in determining if those individuals can
safely be released, saving taxpayer dollars and saving space in county jails. In addition, many
pretrial programs offer needed services to individuals awaiting trial in an effort to reduce
recidivism rates.
JPS -4: Support legislation to fully fund the Justice Reinvestment Act of 2011.
Support increased funding for the Justice Reinvestment Act Initiatives. Last session, lawmakers
approved a budget that fell short of fully funding the initiatives included in the legislation.
Policies in the comprehensive criminal justice bill include new tools for probation officers to
hold offenders accountable, longer sentences for individuals with repeat breaking and entering
offenses, and increased funding for drug treatment programs in prison and in the community.
Without adequate funding, the programs will not achieve the desired goals.
JPS -S: Provide greater funding of state crime labs.
Support legislation to increase state funding for state crime lab operations. Court officials
throughout the state have noted that North Carolina's State Crime Laboratory now has fewer
resources, money and personnel than in past years. That situation greatly impacts court
proceedings by causing defendants and prosecutors to often wait a year or more for results.
Without a substantive increase in funding for the lab, criminal court proceedings across the state
19MA!
will continue to lag. These delays can cause overcrowding in county jails and the need for
additional county resources as individuals await trial.
JPS -6: Preserve current county authority for local electronic offender monitoring.
Support legislation to maintain county authority for electronic monitoring. In 2011, a bill was
passed authorizing counties to collect a fee from individuals ordered to be placed on electronic
monitoring as a condition of the offender's bond or pretrial release. Utilization of electronic
monitoring helps with county jail overcrowding and also reduces the amount of taxpayer dollars
needed for incarceration. The fee allowed by law is capped and cannot be collected from those
entitled to court- appointed counsel. Counties want to ensure that the authority for this fee is
preserved.
JPS -7: Provide funding for gang prevention, adolescent substance abuse and domestic violence
prevention, intervention and treatment.
Support legislation to provide state funding for gang prevention, adolescent substance abuse and
domestic violence prevention, intervention and treatment. In past budget years, the state budget
has included funds for these critical programs. These programs pay dividends because they help
reduce criminal activity. Failure to fund these types of programs will result in significantly
higher costs to the legal system.
JPS -8: Request the reduction of detention center space requirements in existing and new
detention center facilities in all counties in North Carolina, consistent with the language in N.C.
G.S. 153A -221.
Seek legislation to provide all counties with the authority to house 64 inmates in each county
detention dormitory, as permitted for counties with populations in excess of 300,000. Counties
with populations of less than 300,000 can only house up to 56 inmates in each dormitory. The
same minimum space requirements still apply to these additional inmates. Allowing all counties
to have this same authority will make the law consistent for all 100 counties and allow for cost -
savings when constructing new jail facilities.
JPS -9: Restore state funding for Drug Treatment Court (added at Legislative Goals Conference).
Seek legislation to restore funding to Drug Treatment Courts in North Carolina. In 2011, the
General Assembly eliminated all state funding for Drug Treatment Courts. These courts were
created by the General Assembly in 1995 and have been utilized across the state to address
substance abuse issues in the criminal justice system, reduce alcohol and drug- related caseloads,
and promote effective use of resources for substance abuse treatment. Without funding for these
courts, many counties have lost a valuable resource for managing judicial caseloads and
addressing substance abuse issues.
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Public Education Legislative Goals
PE -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. The Public School Building Capital Fund is housed in
the N.C. Department of Public Instruction and is comprised of two sources of revenue: a set -
aside from the corporate income tax, known as the ADM fund, which is allotted based on
average daily membership (ADM) in each county; and 40 percent of the net proceeds from the
N.C. Education lottery. Counties have relied on these funds to repay debt service for public
school construction and renovation.
Since 2009, the General Assembly has redirected the ADM Fund's corporate income tax
proceeds to offset state dollars for public school operations, costing counties from $50 to $100
million each year. Since 2010, the legislature has set the county lottery appropriation below the
statutory 40 percent of net lottery proceeds, with the 2012 allocation appropriated at $100
million or 22.7 percent of expected net proceeds. The total loss for the past two biennia amount
to nearly half a billion dollars in school construction funds. Counties are forced to delay school
construction projects, use their emergency fund balances to make up the debt service losses, or
reduce funding for other essential services.
PE -2: Maintain state responsibility for replacement and risk management exposures for
operation of school buses.
Seek legislation to ensure that the state retains responsibility for the purchase, repair and
replacement of school buses, and to preserve state insurance coverage under the State Tort
Claims Act for school bus accidents and other school bus risk management exposures. North
Carolina counties are financially responsible for the initial purchase of new school buses, either
to service new schools or new routes. Since the 1930s and per G.S. 115C- 240(e)(f), the state is
financially responsible for school bus replacement, generally based on mileage (250,000 miles)
or age (20 years or older). The state's tort claims act has traditionally covered school bus driver
negligence. In 2011, in an effort to manage growing state budget deficits, Governor Bev Perdue
proposed shifting school bus replacement and tort claim coverage to counties, costing counties
$57 million and $4.6 million, respectively, for these new responsibilities. While the House
rejected these proposals outright, the Senate initially considered the school bus cost shift to
counties. The adopted budget retained state responsibility for both school bus replacement and
school bus risk management exposure.
PE -3: Provide sufficient funds for community college workforce training programs.
Support legislation to restore and maintain state funding for workforce development training and
programs through the community college system. State budget cuts over the past two biennia
have reduced community college funding for classroom operations by $83 million. New tuition
fee increases have helped minimize the impact of these losses, and several new programs such as
non - recurring funds for N.C. Back to Work, a $5 million retaining program for long -term
unemployed, have been authorized. Continuing and increased state investments are needed to
provide community colleges with 21 st century equipment to support training that leads to third
party credentials in career areas such as advanced manufacturing and STEM (science,
technology, engineering and math).
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PE -4: Restore local control of school calendar.
Support legislation to restore control of the local school calendar to local boards of education.
The General Assembly enacted H1464 in 2004, which restricted a local board of education's
ability to open schools prior to Aug. 25 or to close schools prior to June 10. It is believed that the
Legislature was reacting to concerns by resort communities regarding earlier school openings,
which in turn shortened the summer vacation season and reduced the teen labor force for the
service industries. The State Board of Education was authorized to grant waivers based on the
number of weather - related closures historically experienced or for good cause based on
educational purposes. In 2012, the General Assembly further restricted LEA school calendar
control, by eliminating start /end date waivers based on educational purposes.
PE:S: Authorize the option for counties to acquire, own and construct traditional public school
sites and facilities. (added at Legislative Goals Conference).
Support legislation to authorize counties the option to acquire, own and construct traditional
public school sites and facilities. N.C. counties are statutorily responsible for funding the
construction, renovation, and maintenance of all school facilities, but schools retain title and
ownership of school facilities. This divergence of funding versus ownership requires
administrative work- arounds to obtain sales tax refunds on school construction materials and
results in an imbalance of liabilities to assets, as county- issued school debt shows as a liability on
the county's financial statement, while the building increases the LEA's assets.
Tax & Finance Legislative Goals
TF -1: Preserve the existing local revenue base.
Support legislation that recognizes the importance of county revenues and ensures that the
existing tax base is maintained and preserved. During the current recession, one of the means
used by the General Assembly to balance the state budget has been to shift some local funds to
state use and make cuts in some county programs. For example, in 2009 -10, the General
Assembly diverted to the state's general fund the portion of the Corporate Income Tax that was
dedicated to school construction, costing counties approximately $200 million for the biennium.
For 2010 -11, the General Assembly reduced the county share of lottery proceeds by $63 million.
Counties also saw numerous state cuts to county programs approaching $75 million in 2009 -10
alone. Counties face similar revenue declines as that experienced by the state and cannot afford
to sacrifice any additional revenues to the state.
TF -2: Oppose unfunded mandates and shifts of state responsibilities to counties.
Oppose legislation that establishes new or expanded state mandates without a commensurate
increase in state resources to support service provision. A continuing difficult state financial
status may increase the likelihood of attempts to balance the state budget by shifting more
responsibilities to counties without corresponding funds.
TF -3: 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. Several counties have access to certain revenues, such as
prepared meals taxes, occupancy taxes, and land transfer taxes, that are not available to other
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counties. Granting counties the authority to implement these revenue options would lessen the
reliance on property tax and give counties more flexibility in designing a revenue system that
reflects their community's preferences and is best suited for their tax base.
TF -4: Protect county revenues in tax reform consideration.
Support legislation that recognizes the importance of county revenues and secures existing
county resources as the state considers tax reform strategies. The General Assembly will be
considering comprehensive tax reform this legislative session. Specifics of these changes to tax
statutes are uncertain and likely to be fluid throughout the session. County revenues should be
protected in any final outcome.
TF -S: Repeal moratorium on contingency fee audits.
Seek legislation to repeal the moratorium on contingency fee tax audits beginning July 1, 2013.
Allow counties the flexibility to contract for tax audit services by fee -based or contingency -
based arrangements. If a repeal of the moratorium is unviable, work with the state Department of
Revenue on alternative solutions.
TF -6: Improve and maintain incentive programs, workforce development and job creation
programs, NC's tax credit programs, and increase access to tax credit financing for smaller
economic development projects.
Support legislation to defend and maintain the state's tax credit programs to help stimulate
economic development activity in rural and economically distressed counties. In an era of fiscal
constraint and economic challenges, North Carolina's legislators may be tempted to terminate the
state's tax credit programs in an effort to increase tax revenues. However, these programs —
including Historic Preservation Tax Credits, the Renewable Energy Tax Credits, and the Article
3J Tax Credits — stimulate investment and business growth that otherwise might not take place in
our state. These tools are particularly important to stimulating economic development in rural
and Tier One counties.
Support legislation to improve access to tax credit financing for smaller economic development
projects. In order to finance commercial projects, businesses frequently benefit from being able
to attract investors who can utilize the tax credits generated by the project to offset their own tax
liabilities. However, it is difficult for small business owners to identify investors who may be
interested in their tax credits, and it is often prohibitively complicated and costly to broker tax
credit finance deals. Furthermore, tax credit investors are typically only interested in multi-
million dollar projects — a threshold that excludes many potentially eligible economic
development projects, especially in small rural counties. As a result, many tax credit - eligible
projects do not move forward because they are not able to access the potential equity generated
by their tax credits. The Legislature could help make this process less complicated and more
accessible to small businesses by: 1) enabling the "bundling" of multiple smaller projects into
projects that are large enough to attract investors; 2) establishing a central tax credit "exchange"
that brings tax credit - eligible projects together with potential investors; and 3) supporting
increased technical assistance and training in the utilization of tax credits.
TF -7: Explore and authorize use of alternate, sustainable revenue options and funding sources
for beach, inlet and waterway maintenance.
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Support legislation to explore and authorize use of alternate, sustainable revenue options or
funding sources like licenses, taxes and /or fees for beach, inlet and waterway maintenance (as
proposed via 2009 CRC and CRAC resolution for Trust Fund; Senate DRS 85164 -SB -12 Beach
Management Study Commission Section 2.2 (3) Trust Fund, 2012 Session H1181 Study
Municipal Local Option Sales Tax, and 2004 Session H142 Dare County Sale Tax).
TF -8: Replace current non-profit sales tax refund process with a revenue - neutral exemption.
Support legislation to eliminate the requirement for tax - exempt non - profit corporations to pay
sales tax. The current burdensome process, which requires the eligible non - profits to pay sales
taxes and then seek a refund from the State has resulted in significant negative impacts upon
county budgets. Sales tax revenues received by the local governments that include payments
from tax - exempt corporations overstate the amount of funding actually available to the local
government, and state audit adjustments result in unpredictable repayment obligations over
which the local government has no control.
TF -9: Replace current refund sales tax process for public institutions with a revenue - neutral
exemption.
Seek legislation that 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 the state and thereby diminish
the administrative burden on the local and state level to pursue /account for /recoup sales tax
proceeds.
TF -10: Extend Article 44 hold harmless.
Seek legislation that extends hold harmless payments for local governments whose expected
Article 44 receipts do not replace their repealed state reimbursements. The 2004 Appropriations
Act (H1414) amended G.S. 105 -521 by guaranteeing hold harmless payments through 2012 for
local governments. The 2012 -13 payment is scheduled to be the last unless additional legislation
is passed. The Article 44 hold harmless payments are approximately $15 million, and these funds
are an important source of revenue for the economically distressed counties and municipalities
that receive them.
TF -11: Allow counties to provide triple credit toward renewable energy portfolios.
Support legislation similar to legislation passed in 2010 (Cleanfields of 20 10) to allow counties
to provide triple credit toward renewable energy portfolios.
TF -12: Authorize greater county oversight of legal electronic gaming operations and support
legislation to authorize counties to levy privilege license taxes on these operations.
Support legislation to authorize counties to levy privilege license taxes on internet sweepstakes
businesses. Counties do not have the same authority as municipalities to levy a privilege license
tax on video sweepstakes businesses, and this disparity may create an incentive for such
businesses to locate in rural areas outside the corporate limits of municipalities. Seek legislation
similar to Hl 180 from the 2011 -12 session that would give counties and municipalities the same
authority to levy privilege license taxes on internet sweepstakes businesses in order to discourage
the proliferation of those businesses in rural areas outside corporate limits.
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TF -13: Promote county property tax system modernization.
Seek legislation that enhances the county property tax system through effective modernization
strategies.
TF -14: Authorize design build option for all counties.
Seek legislation to authorize for all counties the option of using the "Design Build" process to
construct and /or renovate public facilities. A number of counties in North Carolina have special
legislation allowing the "Design Build" method, which allows the bidding of design and
construction of a project in the same package, often resulting in cost and time savings. The
"Design Build" option should be made available as an alternative process for
construction /renovation of county facilities and schools statewide.
TF -15: Require payment of property taxes on manufactured homes and other titled properties
before transfer of title.
Seek legislation to require that all taxes levied on manufactured homes be paid before the home
may be moved, repossessed or sold on site. County property tax collection efforts for delinquent
taxes on manufactured homes are often hampered by ownership and location transfers.
TF -16: Clark centralized listing and assessing of cellular and cable companies.
Seek legislation to implement the central listing and assessment of cellular and cable companies.
The Department of Revenue's Local Government Division would manage the listing and
assessment process, similar to its assessment of other utilities such as telephone, power and
railroad. DoR supports this change.
TF -17: Support local county law enforcement and rehabilitation services through an increase in
the beer and wine tax revenues.
Support an increase in the excise tax on beer and wine by 10 cents or 20 cents with the total
increased amount distributed to counties. For each 10 cent increase, 7 cents would be dedicated
to law enforcement and 3 cents would be dedicated to rehabilitation purposes.
TF -18: Preserve scrap tire disposal tax proceeds.
Oppose the use of Scrap Tire Disposal Tax Proceeds for other than what is allowed by current
statute (G.S. 105- 187.19).
TF -19: Compensate counties for property acquired by the state and removed from the ad
valorem tax base.
Develop state Payment in Lieu of Taxes (PILT) for game lands or other revenue sharing in lieu
of taxes on state -owned wildlife /gamelands. Large portions of some counties are not subject to
property taxes because they are owned by the State. Most of these lands are wildlife or game
lands. In addition, the state continues to buy land using conservation funds. The lands purchased
are already being used for agriculture or timber and therefore require a low level of service.
Although transferring the lands to state control does not affect the levels of service provided by
counties, it does force the tax burden onto a smaller population.