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HomeMy WebLinkAboutRES-2014-021 Resolution Regarding Legislative Matters for Statewide Issues with Exhibits 5e RES - 2014 - 021 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County take the following positions on legislation regarding the following Statewide matters : 1) * Revenue Options for Local Government - Support legislation that authorizes any local government to enact any revenue source that is presently available to one or more local governments in the state. Local governments have experienced significant budget cuts in recent years . Providing flexibility regarding revenue options to fund local government services will allow local governments to tailor their respective funding plans based on individual needs and goals; 2) * 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. 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 $100 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 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 1 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 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 . 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 Statute (NCGS) 62A-47 Section 9 allowed local governments to use 500 of the funds in the Emergency Telephone System to provide for public safety needs, without limitations imposed under NCGS 62A-46. Public Safety expenditures authorized under Section 9 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 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 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; 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 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 han e seal of said County, this a 3 day 4��e un�� of April, 2014 . 1z � r to the Board of Commissioners 0 Fort fj �Ac 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(MAD 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 rpulver(a),orangesmartstart.org if you need any additional information. RES-2013-015 EXHIBIT B ORANGE COUNTY BOARD OF COMMISSIONERS 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'h day of February 2013. ry Jacobs air Orange C ty oar of C issioners 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 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* I facility provided by the county. To the extent that the services provided by the county disposal 2 facility differ from the services provided by the disposal facility provided by a private 3 contractor in the same county, the county may charge an availability fee to cover the costs of 4 the additional services provided by the county disposal facility. 5 The board of county commissioners may impose a fee for a residential recyclable materials 6 collection program provided by the county. A fee may not exceed the cost of providing the 7 collection service and may be imposed on all benefited improved property along designated 8 collection routes. A county may not impose a recyclable materials collection program fee on 9 improved property from which residential recyclable material is collected by a private 10 contractor for a fee if the private contractor collects the same recyclable materials as those 11 collected by the county collection program. The fee may be imposed in full if the private 12 contractor does not, at a minimum, collect the same recyclable materials collected by the 13 county. Upon presentation to the county of a valid contract for such service between the 14 property owner or current resident and private contractor, such improved property is not 15 considered to benefit from a residential recyclable materials collection program provided by the 16 county and is not subject to a fee imposed by the county for the residential recyclable materials 17 collection program provided by the county. A pro-rated fee may be assessed to benefited 18 property for any portion of a calendar year the benefited property is not served by a private 19 contractor. 20 In determining the costs of providing and operating a disposal facility or residential 21 recyclable materials collection pro ram, a county may consider solid waste management costs 22 incidental to a county's handling and disposal of solid waste at its disposal facility or residential 23 recyclable materials collection program, including the costs of the methods of solid waste 24 management specified in G.S. 130A-309.04(a) of the Solid Waste Management Act of 1989. A 25 fee for the availability or use of a disposal facility may be based on the combined costs of the 26 different disposal facilities provided by the county. A fee for the residential recyclable 27 materials collection program may be based on the combined costs of the different materials 28 collected through the program and may also be based on differing levels of service. 29 A county may operate a residential recyclable materials collection program within the 30 corporate limits of a city upon a resolution to that effect by the city governing board. oard. 31 (c) The board of county commissioners may use any suitable vacant land owned by the 32 county for the site of a disposal facility, subject to the permit requirements of Article 9 of 33 Chapter 130A of the General Statutes. If the county does not own suitable vacant land for a 34 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 I 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 2