Loading...
HomeMy WebLinkAboutRES-2016-029 Resolution Regarding Legislative Matters on Statewide Issues 7 2 RES - 2016 - 029 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) Smart Start and NC Pre-K - 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. 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 by increasing graduation rates. Recent studies have shown a significant return on investment for dollars supporting early childhood programs and services. Orange County Schools and Chapel Hill-Carrboro City Schools are ardent allies in ensuring that actions at the state level support local An item denoted with a "*" generally coincides with a similar North Carolina Association of County Commissioners (NCACC) 2015-16 Legislative Goal. 3 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; 2) * Child Care - Seek legislation to reverse changes made to the childcare subsidy program available to working families, including establishing eligibility for all children at 200% of the federal poverty level, to help many working parents who are trying to become more financial self-sufficient, and amend the provision change that requires nonparent relatives living with the child to have their income counted for child care eligibility; 3) Expansion of Medicaid Program - Support legislation to increase access to the Medicaid program to make health insurance available to approximately 500, 000 more North Carolina residents; 4) * Mental Health - Seek legislation to ensure that adequate State-funded mental health, developmental disability, and substance abuse services and facilities are available at the local level, accessible and affordable to all residents and that sufficient state 4 resources fund service provision costs inclusive of sufficient crisis intervention and treatment, and to structure appropriate county participation in governance; 5) People with Mental Health Issues in County Jails - Support legislation to develop and fund a plan to reduce the number of people with mental health issues in county jails (See EXHIBIT A Regarding the National Association of Counties (NACo) Stepping Up Initiative) ; 6) Raise Age for Juvenile Jurisdiction in Criminal Court - Support legislation to raise the age for juveniles being treated as adults in criminal court from 16 to 18; 7) Counter Jail System/Housing State Inmates Reimbursement - Support legislation to protect the fiscal viability of the county jail system by reinstating reimbursement for state inmates housed in county jails sentenced to 90 days or less and increase the reimbursement rate for state inmates awaiting post-trial prison transfer; 8) Minimum Wage Increase - Support legislation to raise the minimum wage to enhance people' s economic security, improve access to housing, boost the economy with 5 increased spending, decrease dependence on the Supplemental Nutrition Assistance Program (SNAP) , and improve the lives of families and specifically children; 9) Machinery Act - Support local governments' need for 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; 10) 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 6 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; and 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; 11) Sales Tax Distribution Formula - Support legislation directing that all sales tax be distributed on a per capita basis; 12) Classification of Flavored Alcoholic Beverages (Alcopops) - Support legislation to properly classify flavored alcoholic beverages (alcopops) as distilled spirits rather than malt beverages; 13) Restore Local Control Over Tobacco Policies By Rescinding Preemption - Support legislation rescinding preemption and restoring local control over tobacco policies, thereby granting county governments the legal authority to protect residents from known public health 7 threats by enacting innovative, evidence-based policies (See EXHIBIT B) ; 14) Maintain Local Government Authority over Solid Waste Management - Oppose any shift of solid waste management and recycling services away from local governments; 15) Electronics Recycling - Support legislation to provide additional funding to local governments for electronics recycling to cover significant increased costs for recycling these materials and to oppose the lifting of restrictions on disposal of electronics in landfills; 16) Re-instatement of Earned Income Tax Credit - Support legislation to re-instate the State Earned Income Tax Credit which greatly benefitted low wage earners until its elimination after the 2013 tax year; 17) Voter Registration and Voting - Support legislation to restore and maintain same day voter registration, previous early voting and Sunday early voting provisions, straight ticket voting, the validity of out of precinct provisional ballots, the pre-registration of 16 and 17 year olds in preparation for voting, the public financing of judicial elections, and eliminate all photo identification requirements; 8 18) Abolish State Death Penalty - Support legislation to abolish the State of North Carolina' s death penalty; 19) Priority School Issues - Support legislation to address the following three issues related to schools: a) * Provide local school systems with calendar flexibility; b) * Provide full funding for State allotments including Average Daily Membership (ADM) growth; c) Provide full funding for Driver Education. 20) Fulfillment of Constitutional Duties - Oppose any legislation, that seeks to exempt any government employee or agent from fulfilling their constitutional duties, including but not limited to guaranteeing the right to marry for same-sex residents of North Carolina (See EXHIBIT C) ; 21) * 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 9 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; 22) * 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 and to establish a minimum level of service; 23) Repeal of House Bill 2 and Expansion of Protected Classes - Seek statewide legislative action to repeal House Bill 2 and provide all North Carolina local governments with the authority to include sexual orientation and gender identity as protected classes in order to protect these classes from discrimination and discriminatory practices; 10 24) Eminent Domain - Oppose adding language to a constitutional amendment on eminent domain that extends any further preemption of county authority to regulate the placement of telecommunication towers; 25) Fees-In-Lieu - NCDOT as Additional Recipient - Support legislation amending North Carolina General Statute 153A-331 to add a provision allowing counties to transfer fees collected as part of subdivision development, and in lieu of required street construction, to be transferred to and held by the North Carolina Department of Transportation (NCDOT) for the future construction of roads intended to be added to the State Maintained system; 26) Bona Fide Farm Use - Support legislation clarifying the farm use and agriculture exemption of 153A-340 that restricts local zoning authority applies only to property on which the production of crops or livestock is the primary use. Clarify that marketing and agri- tourism activities must be secondary uses of the property and do not qualify for the exemption in the absence of the production of crops or livestock. Local governments are seeing an increasing number of properties that, although they meet one or more criteria for exemption, such as having a federal farm 11 identification number, are not used for the production of crops or livestock; 27) * 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; 28) * E-911 Funds - Support permanently extending the authorization to use E911 funds for all public safety disciplines . Orange County has appreciated 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; 29) Agriculture/Solar Energy - Support renewable energy initiatives 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 12 the agricultural economy and rural infrastructure as well as maintaining Orange County' s rural heritage and culture; 30) Land, Water and Agricultural Preservation Funding - Support 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; 31) Agriculture - Support Conservation of Working Lands and Farmland Preservation - Support a revision to the revenue and acreage requirements of the Use Value Program to reduce acreage requirements and increase the income threshold; 32) * Aquatic Weed Control Authority - Restore the ability of the North Carolina Division of Water Quality, Aquatic Weed Control Division (NCDWR) , to include projects in flowing waters, not just lakes and reservoirs. NCDWR was previously authorized to address needs in flowing waters; however, its enabling legislation was altered two years ago. This required 13 NCDWR to withdraw from Year 2 of the Eno River hydrilla study. 33) Concealed Weapons in Parks - Seek legislation re- authorizing counties to fully regulate the carrying of concealed weapons on county-owned playgrounds and in county-owned parklands; An item denoted with a "*" generally coincides with a similar North Carolina Association of County Commissioners (NCACC) 2015-16 Legislative Goal. 14 Upon motio of Qommissioner !" , seconded by Commissioner the foregoing resolution was adopted by a vote of this the 5th day of April, 2016. 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 d/ relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this a day of 2016. �tal3 ,s ClerX o t e oard of Commissioners ' S2 carah�� I I i it i i EXHIBIT P) F 9q--A`c Res-2015-038 ORANGE COUNTY BOARD OF COMMISSIONERS 4G Resolution Supporting "Stepping Up Initiative to Reduce the Number of People with Mental Illnesses in Jails" WHEREAS, counties routinely provide treatment services to the estimated 2 million people with serious mental illnesses booked into jails each year; and WHEREAS, prevalence rates of serious mental illnesses in confinement facilities are three to six times higher than for the general population, with statistics showing that almost 13% of North Carolina's prison population requires some type of intervention due to mental health issues; and WHEREAS, almost three-quarters of adults with serious mental illnesses in jails have co-occurring substance use disorders; and WHEREAS, adults with mental illnesses tend to stay longer in jail and upon release are at a higher risk of recidivism than people without these disorders; and WHEREAS, county jails spend two to three times more on adults with mental illnesses that require interventions compared to those without these treatment needs; and WHEREAS, without the appropriate treatment and services, people with mental illnesses can continue to cycle through the criminal justice system, often resulting in tragic outcomes for these individuals, their families, and their communities; and WHEREAS, county jails are generally an unsafe environment for those with mental health treatment needs; and WHEREAS, the North Carolina Association of County Commissioners has undertaken a serious effort to address the local service needs of those with mental illnesses through the appointment of a special Task Force; and WHEREAS, Orange County, like all counties, takes pride in our responsibility to protect and enhance the health, welfare and safety of our residents in efficient, safe, and socially just ways; and WHEREAS, through the Stepping Up Initiative, the National Association of Counties, the Council of State Governments Justice Center and the American Psychiatric Foundation are encouraging counties to reduce the number of people with mental illnesses in county jails; NOW THEREFORE, be it resolved by the Orange County Board of Commissioners: 1. That the Board of Commissioners does hereby sign on to the Call to Action to reduce the number of people with mental illnesses in our county jail and commits to sharing lessons learned with other counties in North Carolina and across the country to support the Stepping Up Initiative; and 2. That the Board of Commissioners will utilize resources available through the Stepping Up Initiative and other resources provided by the Council of State Governments Justice Center to convene a diverse team of leaders and decision makers from multiple agencies who are committed to safely reducing the number of people with mental illnesses in jails, and 3. That this team will utilize the comprehensive resources available through the Stepping Up Initiative to develop a plan to reduce the number of people with mental illness in the county jail for 2016-2020, consistent with the Council of State Governments Justice Center report and recommendations, to be presented to the Board of Commissioners at its first meeting in December 2015. This the 1St day of September, 2015. Cam ^ Earl McKee, Chair Orange County Board of Commissioners EXHIBIT B PAF _'+Ab6- 16 RES-2015-036 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION REQUESTING THAT THE NORTH CAROLINA GENERAL ASSEMBLY RESCIND PREEMPTION OF TOBACCO REGULATION, INCLUDING ELECTRONIC CIGARETTES, AND THEREFORE RESTORE LOCAL CONTROL OVER TOBACCO POLICIES WHEREAS, the health consequences of smoking are staggering, and there is irrefutable evidence that tobacco use causes cancer, respiratory and cardiac diseases, infertility, negative birth outcomes, irritations to the eyes, nose and throat (U.S. Department of Health and Human Services, 2014); and WHEREAS, the economic losses in health care expenditures are equally important and the use of tobacco products cost the U.S. as much as $170 billion in health care expenditures each year (Xu, Bishop, Kennedy, Simpson, & Pechacek, 2014); and WHEREAS, nearly 90% of all smokers begin smoking before the age of eighteen (Centers for Disease Control and Prevention , 2014); and WHEREAS, in North Carolina, I in every 10 middle school students is a current tobacco user and 3 in every 10 high school students is a current tobacco user, and WHEREAS, in North Carolina, 8,676 middle school students currently smoke cigarettes; and 55,688 high school students currently smoke cigarettes; (North Carolina Tobacco Prevention and Control Branch ); and WHEREAS, there is supportive evidence that increasing the minimum legal age of purchase to 21 will save more lives, reduce initiation among adolescents and young adults, and immediately improve the health of adolescents, young adults and young mothers who would be deterred from smoking, as well as their children (institute of Medicine, 2015); and WHEREAS, we believe in the need to educatQ and empower youth about the harmful effects of tobacco use and prohibit these incidences of purchase until the conscious age of 21 years; and WHEREAS, penalties included in G.S 14-313 Youth access to tobacco products, tobacco-derived products, vapor products, and cigarette wrapping papers would remain the same; and WHEREAS, in recognition of the damaging effects of preemption and the importance of community tobacco control policies, both the Healthy People 2010 and the Healthy People 2020 objectives, which are developed by the Department of Health and Human Services to set the national public health agenda for each decade, include an objective calling for the elimination of all state laws that preempt local tobacco control policies (U.S. Department of Health and Human Services, 2013). NOW THEREFORE BE IT RESOLVED THAT the Orange County Board of Commissioners joins with the Orange County Board of Health to request that the North Carolina General Assembly restore local control over tobacco policies by rescinding preemption; therefore, granting Orange County the legal authority to protect residents from known public health threats by enacting innovative, evidence-based policies such as an increase in the minimum sale age of tobacco products from 18 to 21. The lifting of preemption reinstates local capacity to develop public policy and revitalizes community debate, education and empowerment. BE IT FURTHER RESOLVED that we also call on other Boards of Commissioners to request the restoration of local control over tobacco policies so as to better help prevent youth initiation. This the 16'h Day of June 2015. Earl McKee, Chair Orange County Board of Commissioners 17 References Centers for Disease Control and Prevention. (2014, February 14). Smoking and Tobacco Use . Retrieved January 8, 2015, from Youth and Tobacco Use : http://www.cdc.gov/tobacco/data—statistics/fact_sheets/youth_datattobacco—use/ Institute of Medicine. (2015). Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: The National Academies Press. North Carolina Tobacco Prevention and Control Branch. (n.d.). North Carolina Youth Tobacco Survey: Middle and High School Fact Sheet. U.S. Department of Health and Human Services. (2013, April 5). State Preemption of Local Authority to Engage in Evidence-Based Tobacco Control Policies. Retrieved March 17, 2015, from NC Alliance for Health: http://www.ncallianceforhealth.org/Media/Tobacco/North%20Carolina%20preemptio n%20LOE%204%2015%202013.pdf U.S. Department of Health and Human Services. (2014). The Health Consequences of Smoking—50 years of Progress:A Report by the Surgeon General. Rockville: U.S. Department of Health and Human Services. Xu, X., Bishop, E. E., Kennedy, S. M., Simpson, S. A., & Pechacek, T. F. (2014). Annual Healthcare Spending Attributable to Cigarette Smoking. American Journal of Preventative Medicine, 48(3):326-33. RES-2015-018 EXHIBIT C 18 ORANGE COUNTY BOARD OF COMMISSIONERS Whereas Orange County,North Carolina,is a community dedicated to the principles of equality,non- discrimination, and full inclusion and engagement by any resident in the civil rights, benefits and privileges of all residents;and Whereas, legal rulings by the U.S. Supreme Court and the U.S. Court of Appeals have determined that the denial of equal rights for same-sex residents of North Carolina is unconstitutional, and that those residents have the right to marry; and Whereas, in the wake of these rulings, the North Carolina Administrative Office of the Courts, has determined that the state's judicial magistrates, who are bound by their oath of office to "support the Constitution of the United States," cannot deny any same sex couple their constitutional rights to due process and equal protection by refusing such couples the right to marry; and Whereas, members of the General Assembly have asserted that requiring magistrates to fulfill their statutory duties consistent with their oath to support the Constitution of the United States may conflict with an individual's personal beliefs; and Whereas members of the General Assembly are considering legislation to exempt magistrates from fulfilling their statutory duties to comply with the U.S. Constitution, and to discriminate against same-sex couples seeking to marry; and Whereas such legislation will violate the constitutional rights of our residents, and once again institutionalize discrimination and division through the laws of our state; and Whereas, we respect the sincerely held religious beliefs of our residents, but are committed to the fundamental constitutional principle of the separation of Church and State, and insist, as James Madison wrote,that"The civil rights of none shall be abridged on account of religious belief." NOW THEREFORE be it resolved: That the Orange County Board of Commissioners is opposed to, and urges the General Assembly to reject any legislation, that seeks to exempt any government employee or agent from fulfilling their constitutional duties, including but not limited to guaranteeing the right to many for same-sex residents of North Carolina; and Be it further resolved: That the Orange County Board of Commissioners deeply opposes discrimination, prejudice, and homophobia, and supports preserving and protecting the constitutional rights and equal treatment of all residents;and Be it further resolved: That, if this discriminatory legislation should pass, the Orange County Board of Commissioners directs the County Manager and County Attorney to collaborate with other governmental entities and community partners to directly participate in any litigation seeking to challenge such legislation. This the 17th Day of March 2015. n Earl McKee,Chair Orange County Board of Commissioners