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HomeMy WebLinkAboutAgenda - 04-18-2006-8bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 18, 2006 Action Agend~ Item No. SUBJECT- Orange County's 2006 Legislative Agenda DEPARTMENT: County Commissioners PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): Public Hearing Notice Draft Statement of Principle Draft Resolutions INFORMATION CONTACT: Commissioner Steve Halkiatis Commissioner Barry Jacobs PURPOSE: To hold a public hearing an draft resolutions/other potential items far inclusion in Orange County's legislative agenda package for the 2006 North Carolina General Assembly Session and to consider approval of the draft resolutions and any other materials far presentation to Orange County's legislative delegation and the leadership of the North Carolina General Assembly. BACKGROUND: In past years, the BOCC has reviewed and approved a package of legislative items to pursue for North Carolina General Assembly sessions. For the 2006 General Assembly Session, the County's Legislative Issues Task Force (CITE), led by Chair Barry Jacobs and Vice Chair Steve Halkiotis, has developed a set of draft resolutions for public hearing and the Board's consideration. At the Board's March 21, 2006 regular meeting, the Board approved the scheduling of a legislative items public hearing for the BOCC's April 18, 2006 regular meeting. A draft Statement of Principle, which would serve as a cover sheet for the legislative package, and the draft resolutions developed by the LITF are attached. After the public hearing, the Board will need to review and consider approval as necessary of the attached draft resolutions and any other associated materials. It should also be noted that the work of the LITF to this paint is based on the current information available for the 2006 General Assembly Session. The issues addressed by the LITF and incorporated into the draft resolutions may evolve and change over the session and require additional attention by the Task Force and Board of Commissioners. New issues may also arise necessitating additional review. The General Assembly convenes on May 9, 2006. FINANCIAL IMPACT: None at this time, RECOMMENDATION(S): The Manager recommends that the Board conduct the public hearing on draft resolutions/other potential items for inclusion in Orange County's legislative agenda package for the 2006 North Carolina General Assembly Session and consider approval of the draft resolutions and any other materials far presentation to Orange County's legislative delegation and the leadership of the North Carolina General Assembly. ORANGE COUNTY BOARD OF PUBLIC HEARING NOTICE FOR TUESDAY, APRIL 18, 2006 AT 7:.30 P.M. A public hearing will be held on Orange County's potential legislative items for the 2006 North Carolina General Assembly Session, Those potential items include: • Opposition to Senate Bill 951 -Public-Private Solid Waste Collection • Opposition to Senate Bill 508 -Builder's Inventory Exemption • Medicaid Relief • Reinstatement of Sales Tax Reimbursement for School Systems • Funding Request for Orange County Government Park and Ride/Shuttle Operation • Funding Request for Orange County Ag Center • Funding Request to Support Study of a Regional Value-Added Agricultural Processing Facility • State Class Size Reduction Mandates and School Capital Funding • Reassessment of'Mental Health System Reform • Opposition to State and Federal Removal of Local Government Cable Television Franchising Authority • Support for Family House at ZINC Hospitals Proposal • Support for Statewide Public Referenda on School Construction Bonds, Water and Sewer Bonds, and Land for Tomorrow Bonds The Board of Commissioners welcomes all comments on these and other items as maybe introduced or addressed at the public hearing. The meeting is open to the public and will beheld on Tuesday, April 18, 2006 at the Southern Human Services Center, 2501 Homestead Road in Chapel Hill, beginning at 7:30 p,m, If you need additional information, please call Greg Wilder at 245-2314. DRAFT ORANGE COUNTY STATEMENT OF PRINCIPLE FOR THE 2006 NORTH CAROLINA GENERAL ASSEMBLY SESSION 4 Orange County respectfully requests the North Carolina General Assembly to conduct the 2006 legislative session with goals of: • Helping those residents of the state who are less fortunate; • Rejecting the influence and strong-arming tactics offor-profit special interests over the interests of the people of North Carolina; • Taking responsibility, both financial and otherwise, for the initiatives enacted by the General Assembly and ceasing reliance on local governments and property taxes to implement unfunded mandates; • Considering ethics and ethical behavior as standard guiding principles of all activities, legislative and otherwise; • Leading the state in addressing areas such as school capital funding, solid waste planning, recycling, alternative transportation, and land, water and energy conservation; and • Providing to all local governments revenue options that are currently only available to some specific local governments, Orange County is confident that the North Carolina General Assembly can meet these goals, but only if its will matches its rhetoric, nanrr ORANGE COUNTY BOARD OF COMMISSIONERS 5 Resolution Opposing NC Senate Bill 951 -Public-Private Solid Waste Collection WHEREAS, County and Municipal governments have been granted by the NC General Statutes the authority to enter into service contracts with the private sector; and, WHEREAS, local governments, with virtually no support from the State, are responsible for solid waste planning, setting and meeting waste reduction goals, and the development and submission of Solid Waste Management Plans to the Division of Waste Management every three years; and, WHEREAS, County and Municipal governments are responsible for delivery of basic services to their citizens; and, WHEREAS, County and Municipal governments do enter into contracts with the private sector and also may choose to provide governmentally operated solid waste and recycling services, depending on local circumstances and priorities; and, WHEREAS, County and municipal governments continually strive to provide solid waste and recycling services in an efficient and cost-effective manner, consistent with local environmental ethics and service standards; and WHEREAS, Senate Bill 951 would make it difficult or in some cases cost- prohibitive for County and municipal governments with private hauling contracts, or even absent any existing contractual hauling arrangements, to investigate different methods of service delivery that would make these contracts or services more efficient and cost-effective, and which would have the effect of constraining local government provision of waste and recycling collections; and, WHEREAS, Senate Bill 951 rewards the private sector and penalizes County and municipal governments in their attempts to make changes in their solid waste service delivery that could have the potential to reduce the cost, improve the quality of service, or meet local waste reduction goals; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners is apposed to Senate Bill 951 and any other similar legislation as being unreasonable and unnecessary and urges members of the Orange County s legislative delegation as well as all members of the General Assembly to appose any efforts to limit local governments' opportunities in their solid waste service delivery to reduce costs, improve the quality of service, and/or meet local waste reduction goals. This the 18th day of April 2006. Barry .Jacobs, Chair Orange County Board of Commissioners DRAFT ORANGE COUNTY BOARD OF COMMISSIONERS ~° Resolution Opposing NC Senate Bill 508 and House Bill 648 - "So-Called" Exempt Builder's Inventory WHEREAS, County governments are responsible for delivery of basic services to their citizens; and WHEREAS, County governments are greatly dependent on a growing tax base as the primary source of revenues which fund these basic services; and WHEREAS, new subdivisions and new housing construction make up the greatest bulk of growth to the tax base; and WHEREAS, local governments make substantial investment that provides the opportunity for the marketing of new subdivisions and for new housing construction to occur; and WHEREAS, the "so-called" exemption of builder's inventory would reduce the growth in the tax base for counties, cities and towns statewide, and would specifically reduce Orange County's tax base by potentially $150-200 million; and WHEREAS, properties that will potentially benefit from the "so-called" exemption of builder's inventory will accrue increased value by escaping property tax obligations; and WHEREAS, the "sa-called" exemption of builder's inventory will further increase the already significant tax burden on individual homeowners; and WHEREAS, the exemption of builder's inventory will make it even more difficult for county governments to receive revenues necessary to the delivery of basic services to their citizens; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners expresses its opposition to Senate Bill 508 and House Bill 648 - "so-called" "Exempt Builder's Inventory" bills -and any other similar bills or legislation as being particularly erosive to the already eroded tax base and urges members of Orange County's legislative delegation as well as members of the General Assembly to oppose any efforts to exempt or to exclude from taxation any property that might be construed to be builder's inventory. This the 18`h day of April 2006. Barry .Jacobs, Chair Orange County Board of Commissioners D12AFT ORANGE COUNTY BOARD OF COMMISSIONERS Resolution Petitioning the State for County Medicaid Relief WHEREAS, finding a solution for Medicaid costs is universally held as a top priority far counties in the State of North Carolina; and WHEREAS, the statewide county share of Medicaid is projected to be $488 million in 2006-07 and, at the anticipated national growth rate of 8.6%, could eclipse $1 billion within the next ten years; and WHEREAS, Orange County has seen a 90% increase in Medicaid since 2000 and $0.04 of the County's tax rate pays the mandated share, funds that otherwise could be used to fund other critical needs such as school construction; and WHEREAS, North Carolina is the only state that has not taken steps to alleviate its counties of the Medicaid cost share - a profoundly unfair and archaic practice, a financial threat to every county, and absolutely devastating to the poorest North Carolina counties faced with raising property taxes on a shallow tax base, and spending more money on health care than on schools; and WHEREAS, Orange County is fundamentally opposed to the "sales tax swap" proposal under discussion since it allows the State to continue passing the buck to the counties, forcing counties to subsidize what the State should be doing, and driving up local taxes; and WHEREAS, the House Select Sub-Committee on Health Care has brought forth a new proposal that would provide a permanent cap at this year's Medicaid levels, target relief to the hardest hit counties, and keep the door open for moving towards total and permanent relief; and WHEREAS, if enacted, the Orange County Medicaid cost would be capped at the present projected level of $4 million rather than facing a possible 10% increase in the next annual budget NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners continues to support State action to lift the crippling burden of Medicaid from the backs of its counties, and urges its legislative delegation and the entire General Assembly to accomplish what the other 48 states have done by removing this stranglehold from the counties and rightfully assuming Medicaid as a State responsibility. This the 18~h day of April 2006. Barry Jacobs, Chair Orange County Board of Commissioners DRAFT ORANGE COUNTY BOARD OF COMMISSIONERS Resolution Requesting Restoration of the Ability For Public School Systems To Request And Receive Refunds of State and t_ocal Sales and Use Taxes Paid For Goods and Services WHEREAS, In the 2005 Legislative Session, the General Assembly repealed previous action and repealed the authority of local school boards to receive refunds of North Carolina state and local sales taxes, effective with the fiscal year beginning July 1, 2005, and without meaningful opportunity for local government participation in the debate; and WHEREAS, Orange County and its local school systems had come to rely heavily on these refunds in their budgetary practices far both operating and capital flmding appropriation decisions; and WHEREAS, Repeal of the ability for schcal systems to request sales tax refunds presents a substantial financial burden and will have significant budgetary impacts on the Orange County Schools and the Chapel Hill-Carrboro City Schools; and WHEREAS, The repeal of this authority has been an unfair financial and administrative burden for the County and its school boards and for school boards across North Carolina, and forces school boards to make inter-governmental payments in the form of sales taxes that are not required of other local governmental entities; Now Therefore Be It Resolved that we, the Orange County Board of Commissioners hereby request that the General Assembly restore the ability for Public School Systems to request and receive refunds of state and local sales and use taxes paid for goods and services and that this restoration should be made retro-active to July 1, 2005, the date in which the repeal was effective. This the 1 Soh day of April 2006. 8 Barry Jacobs, Chair Orange County Board of Commissioners DRAFT ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS 9 Resolution Requesting Funding to Construct a Park and Ride Lot and Operate a Shuttle Service in Downtown Hillsborough WHEREAS, the Town of Hillsborough and Orange County have worked together cooperatively through the years to address parking needs and congestion management in downtown area of Hillsborough; and WHEREAS, Orange County and the Town of Hillsborough are currently engaged in several cooperative efforts tc address congestion in the downtown area, including Orange County's Congestion Mitigation and Air Quality Grant, the Churton Street Corridor Study, the Economic Development District Transportation Work Group Report and Recommendations, and a Downtown Hillsborough Parking Study; and WHEREAS, Orange County is the largest employer in the downtown Hillsborough area and is required by the Town of Hillsborough to provide off-street parking for Orange County employees; and WHEREAS, Orange County is expanding its judicial facilities, which involves construction of an addition to the Orange County Courthouse and will also involve significant elimination of existing parking; and WHEREAS, the demand for parking for court-related travel already exceeds the supply of available parking; and WHEREAS, Orange County is expected to increase its employment as general growth in the area requires the expansion of public services and facilities; and WHEREAS, Orange County and the Triangle Region was designated as non-attainment far the ground level ozone standards on April 15, 2004; and WHEREAS, provision of a park and ride lot convenient to, but outside, the core downtown Hillsborough area, and with a shuttle service to provide access from the park and ride lot to downtown destinations, will alleviate congestion and vehicular emissions in downtown Hillsborough; and WHEREAS, construction of this project will contribute incrementally to the NCDOT's Statewide Transportation Demand Management Plan goal of reducing total vehicle miles of travel by twenty five per cent by June 30, 2009 and also serve the needs of Orange County, the court system, and the Town of Hillsborough; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners requests that the members of the Orange County's legislative delegation as well as all members of the North Carolina General Assembly support the County's actions to address congestion, vehicle emissions in downtown Hillsborough, and alternatives to on-site parking by appropriating $300,000 for the implementation of an Orange County park and ride lot and shuttle service. This the 18~h day of April 2006. Barry .)acobs, Chair Orange County Board of Commissioners (Note: The Ag Center Work Group is still completing its work on a ~® Report for the BOCC and it is suggested that any action on this Resolution be delayed until the receipt of that Report.) DRAFT ORANGE COUNTY BOARD OF COMMISSIONERS Resolution of Support and Funding Request for an Orange County Agriculture & Natural Resource Center WHEREAS, the changing face of agriculture in Orange County, along with increased farmer and consumer populations, places additional demands on county agricultural agency staff and resources; and WHEREAS, current facilities for agricultural programs are located in a former grocery store and are insufficient to serve the growing needs of farmers and Orange County residents; and WHEREAS, a citizen work group has examined the need for an agricultural center and strongly supports actions to implement development of an agricultural center; and WHEREAS, a survey conducted by the citizen work group indicated that 85% of respondents support a new agricultural center; and WHEREAS, the development and construction of an agricultural center requires significant financial resources; and, WHEREAS, Orange County is strategically located to serve as a regional meeting location for agricultural activities for the north-central Piedmont, including Alamance, Caswell, Chatham, Durham, Granville, and Person Counties; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners requests $.50Q,000 to support site evaluation, planning, design, infrastructure development and site work for an Agriculture & Natural Resource Center in Orange County. This the 18`h day of April 2Q06. Barry Jacobs, Chair Orange County Board of Commissioners nxnrT ORANGE COUNTY BOARD OF COMMISSIONERS 1 I Resolution of Support and Request for Feasibility Study Funding for a Regional Shared Use Value-Added Processing Center In Orange County WHEREAS, the recent tobacco buyout program has left many farmers seeking profitable alternative agricultural enterprises to allow them to continue farming; and WHEREAS, the proximity of Orange County farmers to markets for value-added products is significant given the existence of local farmer's markets, grocers, restauranteurs, and food service managers committed to purchasing local products; and WHEREAS, many local farmers currently utilize web-based commerce and a local distribution coop to expand their markets; and WHEREAS, value-added products provide a means to retain economically viable, thriving farms in Orange County, enhancing the County's rural character and preserving its agricultural heritage, and contributing to general high quality of life; and WHEREAS, shared-use value-added processing centers require careful planning and strong collaborations to be successful; and WHEREAS, Orange County has consulted with adjoining counties, including Alamance County and Chatham County, and has received favorable feedback regarding collaboration on a potential shared-use value-added processing center; and WHEREAS, a feasibility study is critical to assess need and justification for a regional shared-use value-added processing facility; and WHEREAS, Orange County has excellent interstate access and is strategically located to serve as a regional hub for the processing and distribution of agricultural products, NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners hereby declares its support and interest in pursuing a regional shared used value added processing center for agricultural goads requests and requests $25,000 in legislative support to conduct a feasibility study for a regional shared used value added processing center for agricultural goods. This the 18~h day of April 2006. Barry Jacobs, Chair Orange County Board of Commissioners ORANGE COUNTY BOARD OF COMMISSIONERS ~a Resolution Supporting State Public Education Initiatives That Are Clearly and Fully Funded by Additional State Revenue WHEREAS, the Orange County Board of Commissioners firmly believe that every child in Orange County should have equal access to high quality public education in a safe learning environment; and, WHEREAS, roughly half of Orange County s annual operating budget historically has been expended for school operating and capital purposes; and, WHEREAS, Orange County has for the past decade consistently ranked first among North Carolina's 100 counties in annual per pupil expenditures for school operations, capital expenditures, and debt service; and, WHEREAS, the average cost per square foot of new school construction has increased by approximately 50 percent since 2003; and WHEREAS, the Orange County Board of Commissioners believe that the State of North Carolina's commitment to quality public education for all students should match Orange County's commitment thereto; and WHEREAS, the Governor's initiatives and the General Assembly's actions in recent years to reduce average elementary class size, though laudable in intent, have created the effect of an unfunded mandate for Orange County and counties across North Carolina; and, WHEREAS, the resulting reduction in effective school capacity for kindergarten through third grades in Orange County's two public school systems leads to the immediate need for additional school space equivalent to a new elementary school and roughly $20 million in previously unanticipated capital construction costs; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners support the general principle of reduced class size and the construction of new school space to accommodate those smaller classes, but only to the extent that the General Assembly annually appropriates adequate operating and capital funds to fully fund its education initiatives with revenue that is clearly new and unambiguous in its earmarking for the operating, capital, and debt service casts associated with mandated class size reduction. This the 18~h day of April 2006 Barry Jacobs, Chair Orange County Board of Commissioners nanrT f ORANGE COUNTY BOARD OF COMMISSIONERS Resolution Calling for Re-Determination of Statewide Mental Health Reform WHEREAS, Mental Health Reform began in North Carolina in 2001 with the passage of Mouse Bill 381 and the idea that the mentally ill would begin receiving care in their home communities rather than in the State's four psychiatric hospitals; and WHEREAS, the State convened county commissioners and county managers in early 2002 to outline the process of systemic change and introduce a "new and different" partnership far addressing mutual concerns, associated costs and the expansion of community capacity; and WHEREAS, North Carolina counties have labored since under the assumption that true collaboration would arise, and organizational sensitivity, administrative flexibility, and fiscal support would be extended given the magnitude of change being wrought throughout the mental health service delivery system; and WHEREAS, County governments have met with a dizzying array of technical memoranda, conflicting communiques, restrictive rulings, executive edicts, inappropriate support for unprecedented cost shifting from the State to the cotnties, and troublesome verbiage that further confuse or anger local authorities and damage abilities to satisfactorily respond; and WHEREAS, the Orange County Board of Commissioners are deeply dismayed by a series of missteps and decisions patently de-stabilizing -not in the best interest of consumers, their families and advocates, or a fragile network of community providers; and WHEREAS, the Department of Health and Human Services may at last be awakening to the dire circumstances given the recent report in the News and Observer that "When asked whether the department needed consultant's help, Moseley (Mike Moseley, Division Head, Mental Health/Developmental Disability/Substance Abuse Services] threw up his hands.'; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners calls on its legislative delegation to lead the charge for a comprehensive re-evaluation and re-determination of the course of statewide Mental Health Reform, and a solid commitment by the State to find the means to adequately fund the local administrative infrastructure and build the community capacity needed to genuinely ensure consumer access and quality care. This the 18~h day of April 2006. Barry Jacobs, Chair Orange County Board of Commissioners nanrT ORANGE COUNTY BOARD OF COMMISSIONERS (~" Resolution Opposing Legislation at the Federal or State Level to Strip Local Governments' Cable Franchise Authority WHEREAS, County and Municipal governments have the ability to grant cable franchises, and to require that franchises address the community's cable-related needs, as generally governed by the federal Telecommunications Act of 1996; and WHEREAS, it is only through County and municipal cable franchising that true competition without discrimination can be achieved; public, education, and government access can be preserved; cable consumers adequately protected; franchise fees administered uniformly, and the safety of public rights of way monitored; and WHEREAS, Orange County stands firmly in favor of competition, covets increased competition and choice for our residents, and abhors the fact that special interests are touting legislative changes an the basis that competition and access have been denied; and WHEREAS, the t),S, House Energy and Commerce Committee is considering legislation that threatens these provisions and would unduly strip local governments' authority to enter into franchising agreements with new video providers, and possibly terminate existing cable franchising agreements; and WHEREAS, the N.C. Revenue Laws Study Committee is considering legislation that would preempt local cable franchising by instituting franchising statewide, replacing "local franchise tax with state tax and imputed fee", and designating "a state agency to receive cable complaints and required adequate public, education, and government channels"; and WHEREAS, Orange County receives approximately $250,000 in annual fees through its cable franchise agreement -funds vital to sustaining general and human services to a growing population -and values its strong tradition of local control and direct accountability on issues of the public interest; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners is opposed to any legislative proposal at the federal or state level that would weaken, eliminate, or subvert local authority to regulate cable franchising, and calls upon the members of the Orange County's legislative delegation and its delegation to the U,S, Congress to join in vigorous opposition. This the 18~h day of April 2006, Barry Jacobs, Chair Orange County Board of Commissioners nRa,FT ORANGE COUNTY BOARD OF COMMISSIONERS ~ 5 Resolution Supporting Family House at UNC Hospitals WHEREAS, Family House at UNC Hospitals, an independent 501(c)(3) non profit organization, is in the midst of a $6.3 million capital campaign for construction and initial operation of a 40-bedroom hospitality house in Chapel Hill; and WHEREAS, the vision for Family House was kindled in 2001 by a small group of volunteers, spearheaded by Dr. Mark Johnson, Director of UNC Hospital's Liver Transplant Program, who recognized the need far extending hospitality, hope, and support to families of critical care patients; and WHEREAS, the families of the critically ill face serious financial constraints - many patients relying on Medicare/Medicaid or having no health insurance at all -with long absences from work translating into reduced paychecks or unemployment for both patients and caregivers; and WHEREAS, the State of North Carolina, through UNC-Chapel Hill, joined the effort to establish Family House at UNC Hospitals with a lease of $1 a year on 5.85 acres immediately adjoining the Chapel Hill Ronald McDonald House; and WHEREAS, the proposed Family House at UNC Hospitals will be a two-story, 40-bedroom facility featuring a kitchen and large dining area, gathering rooms, a hearth room and parlor, comfortable furnishings, and alight-filled, inviting solarium, as a special home away from home for patients' families; and WHEREAS, the Capital Campaign Steering Committee to date has raised $4.2 million of its $6.3 million goal for constriction and initial years' operating expenses and, barring unforeseen circumstances and with construction beginning in early 2006, Family House opening to guests in early 2007; NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners encourages and endorses the mission of Family House at UNC Hospitals, and calls upon its legislative delegation to advocate aggressively for State grant funding in the amount of $50,000 to help secure the construction and early operations of an affordable and sheltering place for families to stay and heal together. This the 18`h day of April 2006 Barry Jacobs, Chair Orange County Board of Commissioners DRAFT ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Ifo Resolution in Support of Potential Statewide Public Referenda on Land for Tomorrow Bonds, School Construction Bonds, and Water and Sewer Bonds WHEREAS, there exists a great need for governmental entities to act in many areas in order to provide effective and efficient services and programs far the short and Tong-term benefit of residents across the entire State of North Carolina; and WHEREAS, Orange County was the first County in the State to endorse the Land far Tomorrow Initiative; and WHEREAS, three specific areas that affect the short and long-term health, well-being, and quality of life for all residents of the State relate to the reservation and protection of natural resource lands and open space for the long-term benefits and enjoyment of both residents and visitors to the State; school facilities; and public water and sewer infrastructure; and WHEREAS, while individual counties, cities, and towns can make incremental strides to address these three areas, these entities do not retain the resources or maintain the financial standing to comprehensively address the substantial needs in these areas; and WHEREAS, the State of North Carolina does retain the resources and financial standing to provide the necessary framework to address these statewide needs on a statewide level; and WHEREAS, the State of North Carolina and the North Carolina General Assembly should provide the necessary leadership, forethought, planning, and direction to address issues that affect the entire state; NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, hereby express our support for and encourage the North Carolina General Assembly to pursue potential statewide public referenda on Land for Tomorrow Bonds, School Construction Bonds, and Water and Sewer Bonds as follows: J) The State of North Carolina should conduct a public referendum on Land for Tomorrow Bonds to provide the necessary capital that local governments can access to secure and/or protect significant properties, natural resource properties and open space for the long-term benefit and enjoyment of both residents and visitors to the State. 2) The State of North Carolina should conduct a public referendum on School Construction Bonds to provide the necessary capital for local funding agencies to construct additional school facilities to address space demands created by the expansion of the "More at Four" program, the State-mandated reduced class size requirements, and incremental student population growth. 3) The State of North Carolina should conduct a public referendum on Water and Sewer Bonds to provide the necessary capital that local governments can access to address the maintenance, upgrade, and expansion of public water and sewer infrastructure that is required in order to provide quality service to an ever-growing population and to protect the environment. Any entity receiving such funds should be required to adopt and implement a permanent water conservation plan that will allow both water and financial resources to be efficiently utilized statewide,. Any entities receiving funds should also be required to establish a plan to share water resources on an emergency basis with other communities, especially in times of drought.. This the 18th day of April 2006. Barry .Jacobs, Ghair Orange County Board of Commissioners nxnrr ORANGE COUNTY BOARD OF COMMISSIONERS Resolution Proposing the Appointment of a Citizens Committee To Follow-up on the 2001 Smart Growth Commission Report WHEREAS, citizens and legislators from across the State of North Carolina were appointed to serve on the North Carolina Smart Growth Commission; and WHEREAS, these legislators and citizens researched, discussed, and worked together on a broad range of issues related to growth and its impact on communities and the State as a whole; and WHEREAS, following many hours of dedicated hard work and intensive discussion, the members of the Commission issued the 2001 Smart Growth Commission Report; and WHEREAS, the North Carolina General Assembly, in follow-up to the Report, appointed a legislative committee to review and assess the Report as well as determine the next steps the State should take based on the Report's recommendations; and WHEREAS, the outcome of the appointment and work of the General Assembly's legislative committee has not led to any significant progress toward implementing the recommendations and goals of the Smart Growth Report; NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, hereby call upon the North Carolina General Assembly to appoint a citizens committee to review and assess the 2001 Smart Growth Commission Report as well as determine and recommend to the General Assembly and the Governor the next steps the State should take to begin implementing the Report's recommendations. This the 18th day of April 2006. ~~ Barry .Jacobs, Chair Orange County Board of Commissioners DRAFT ORANGE COUNTY BOARD OF COMMISSIONERS ~$ Resolution Proposing Changes to the Open Burning Permits Issuance System to Remove the Burning Prohibition Exemption, Specifically in Periods of Drought, Or, In the Alternative, Requesting Local Government Authority to Prohibit Open Burning Without the State's Declaration of a Hazardous Condition WHEREAS, residents of the State of North Carolina depend on state and local governments to protect their health, safety, and welfare; and WHEREAS, the State of North Carolina currently has in place a system far the issuance of burning permits so that members of the public can dispose of yard debris and other associated waste; and WHEREAS, this burning permit issuance system alerts governmental officials that burning activities will be occurring and also provides the opportunity far officials to educate the public regarding the practices and safeguards that should be employed; and WHEREAS, the enabling statutes for this burning permit system also provide the opportunity to prohibit all open burning during periods of hazardous forest fire conditions ar during air pollution episodes; and WHEREAS, the same enabling statutes exempt from such prohibition any fires started 1) within 100 feet of an occupied dwelling house if the fire is confined within an enclosure from which burning material may not escape or 2) within a protected area upon which a watch is being maintained and which is provided with adequate fire protection equipment; and WHEREAS, when the force of an open burning prohibition during hazardous forest fire conditions is nullified as is the case under the exemption provision, the health, safety, and welfare of any individuals conducting burning activities and the entire the public at large is compromised; WHEREAS, there have been more forest fires in the first 3 months of 2006 than in the entire 2005 calendar year, and the current year marks the seventh out of the last 10 years that North Carolina has experienced drought conditicns, creating on-going hazardous conditions for burning activities; NOW, THEREFORE BE IT RESOLVED that we, the Orange County Board of Commissioners, hereby call upon the North Carolina General Assembly to amend the statutes related to open burning tc remove the open burning prohibition exemption that is currently available during periods of hazardous forest fire conditions, during drought periods, or during air pollution episodes. BE IT FURTHER RESOLVED that, in the alternative, we hereby call upon the General Assembly to grant local governments the authority to prohibit open burning without the State's declaration of a hazardous condition since local fire authorities are best suited to assess local conditions and determine the best courses of action related to burning activities. This the 18~h day of April 2006 Barry Jacobs, Chair Orange County Board of Commissioners