HomeMy WebLinkAboutRES-2018-036 Resolution regarding OC legislative MattersNORTH CAROLINA
ORANGE COUNTY
RES - 2018 - 036
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) * 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;
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 2000 of the federal poverty level, to help
many working parents who are trying to become more
financial self - sufficient, and to prorate fees for
children attending based on the hours attended;
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 and as additional support for rural
An item denoted with a " *" generally coincides with similar North
Carolina Association of County Commissioners (NCACC) 2018 Short Session
Priorities and Goals.
hospitals;
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
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 Coup l! - 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 ) County 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;
7) Minimum Wage Increase - Support legislation to raise
the minimum wage to enhance people's economic security,
improve access to safe and secure housing, boost the
economy with increased spending, decrease dependence on
government assistance programs, and improve the lives
of families;
8) 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;
9) 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 (10°) increase
in the base 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;
10) Sales Tax Distribution Formula - Support legislation
directing that all sales tax be distributed on a per
capita basis as it is fair and more equitable for
counties with less economic development as compared to
the point of delivery basis. The UNC School of
Government has indicated that a per capita basis tax
"would indeed be a more even distribution of LOST
revenue across the state ";
11) Maintain Local Government Authority over Solid Waste
Management - Oppose any shift of solid waste management
and recycling services away from local governments;
12) 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;
13) 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;.
14) Voter Registration and voting - Support legislation to
restore straight party - ticket voting and provide public
financing of judicial elections;
15) Abolish State Death Penalty - Support legislation to
abolish the State of North Carolina's death penalty;
16) Priority School Issues - Support legislation to address
the following 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,
and support legislation to provide for an overall
increase in funding based on average daily
4
memberships outside of the current formula
system;
c) Impose class size reductions commensurate with
State funding for staffing; and
d) Maintain full funding for Driver Education;
17) Fulfillment of Constitutional Duties - Oppose any
legislation, that seeks to exempt any government
employee or agent from fulfilling his /her
constitutional duties, including but not limited to
guaranteeing the right to marry for same -sex residents
of North Carolina;
18) 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;
19 ) * Broadband /Digit -al Infrastructure - Support
legislation, funding, and other efforts that provide
counties with flexibility and opportunities to support
options for increasing access to high -speed internet
connectivity and expanding digital
infrastructure /broadband capability to the un- served
and under - served areas of the state. Access to high
speed internet connections will reduce disparities,
enhance quality of life for all the Staters residents,
and broaden opportunities in areas such as education,
jobs creation, small business development, health care,
civic participation, and growth in farm enterprises;
20) Expansion of Protected Classes - Seek statewide
legislative action to 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; and authorize complaints for
discrimination to be brought in North Carolina Courts
by any Equal Employment Opportunity Commission
recognized protected class;
21) 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;
22) Fees -In -Lieu - NCD ®T as Additional Reci lent - 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. Presently there is no
mechanism where a county can collect fees in lieu of
transportation improvement construction based on
conditions agreed to by both parties during a
conditional zoning process. These fees may be for a
developer fair share of a future comprehensive
intersection improvement but would not be built by
NCDOT until other funding could be assigned to do a
complete improvement;
23) Bona Fide Farm Use - Support legislation clarifying
that 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;
24) * Revenue _ Options for Local Government - Support
efforts to preserve and expand the existing local
revenue base of counties, and oppose efforts to divert
to the state fees or taxes currently allocated to the
counties to the state. Oppose efforts to erode existing
county revenue streams and authorize local option
revenue sources already given to any other
jurisdiction;
25) E -911 Funds
- Support
protection
and
broader
applications of
the NC 9 -1 -1
Fund to be
used
primarily
for assuring that 9 -1 -1 systems are able to upgrade
existing performance levels in order to pay for 9 -1 -1
operations or 9 -1 -1 related upgrades such as the
infrastructure needed to migrate to next - generation
(NG911) technology. Orange County has appreciated past
efforts and supports future initiatives to assure our
citizens are provided continued access to emergency
services from all sources;
26) Solar Energy - Support renewable energy initiatives
available to residential, commercial, industrial and
agricultural activities to create a market for energy
credits. This support will provide incentives to
produce renewable energy, which will become
increasingly important to preserving and strengthening
the economy and infrastructure, and in the case of
agriculture help maintain rural heritage and culture;
27) * Land, Water and Agricultural Preservation Funding -
Support Park, Agricultural Preservation, Clean Water
Management 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 request that
these funds receive additional funding, preferably
through dedicated funding sources;
28) 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, balanced by
increasing the income threshold;
29) * Aquatic Vegetation Control - Support legislation to
provide for and fund a comprehensive statewide approach
to noxious aquatic vegetation control in public water
reservoirs;
30) Concealed Weapons in Pares -Seek legislation re-
authorizing counties to fully regulate the carrying of
concealed weapons on county -owned playgrounds and in
county -owned parklands and authorize counties to
prohibit the carrying of concealed weapons on county
and county funded college /university campuses, in
addition to playgrounds;
31) ®pioid Epidemic Efforts - Support adequate funding for
programs to provide and expand access for individuals
with opioid use disorder to seek and complete
treatment, and sustain recovery, as well as increased
funding to collect data regarding opioid overdoses and
to provide for additional law enforcement to
investigate and enforce drug laws;
32) * Agricultural Economic Development - Support state
funding and staffing for agricultural research,
Cooperative Extension services and other agriculture -
related efforts to support the largest economic driver
in North Carolina;
33) * Transportation Funding - Support increased state
funding for transportation construction and maintenance
needs, and support legislation to ensure that the STI
funding formula recognizes that one size does not fit
all and that projects in both rural and urban areas are
prioritized and funded, and eliminate the cap on light
rail funding;
34) * Behavioral Health Services - Support increased state
funding for behavioral health services and facilities
at the state and local level, including dedicated
resources for community paramedicine projects. Support
Medicaid reimbursement to EMS for behavioral health
transport to crisis centers and structure appropriate
county participation in behavioral health program
governance;
35) * adult Protective Services - Support increased funding
and legislation to strengthen adult protective
services;
36) * Court Funding - Support increased state funding for
NC courts, including reinstating funding for drug
treatment court;
37) * Crime Intervention Services - Support legislation and
state funding to provide early intervention services
through the Juvenile Crime Prevention Councils, and
support increased state funding for the prevention,
intervention and treatment of adolescent substance
abuse, gang involvement and domestic violence;
38 ) * State/C:ouxaty Partnership for Education - Seek
legislation to establish a new state - county partnership
to address statewide public school capital challenges- -
including but not limited to maintenance, renovation,
construction and debt -- through a dedicated, stable
funding stream that is consistent from county to county
and sufficient to meet the school facility needs of all
100 counties;
39) * Economic Development Efforts - Support legislation to
grow North Carolina's statewide economy through sound
state investments, including public infrastructure
funding, competitive incentives, and coordinated
efforts with county economic development services; and
40) Exemption to 180 Day Temporary Electricity Connection
Limit for Recreational Vehicles in a Campground or
Other Similar Park - Support legislation to provide an
exemption to the current 180 day temporary utility
connection limit as contained within the building code
for individuals utilizing campers and /or recreational
vehicles as temporary housing units while
supporting /visiting family members undergoing treatment
in local hospitals;
41) Restoration of School Impact Fee Authority - Support
legislation restoring Orange County's long -held
authority to levy impact fees on new residential
development to help pay for school construction. The
North Carolina General Assembly approved legislation in
1987, amended in 1991 and 1993, authorizing Orange
County to impose impact fees to support public school
infrastructure. Orange County utilized these funds to
fund school construction needs. On June 20, 2017 the
General Assembly approved House Bill 406 /Session Law
2017 -36 stripping Orange County of the authority to
levy the impact fee. Orange County requests
restoration of the authority to levy the fee to support
school facility needs;
42) Support of MaysCountl - Support legislation to develop
and fund a plan to implement 3DaysCountTM to help reduce
unnecessary arrests by expanding the use of citations
or summons, replace money bail with non - financial,
least restrictive conditions, restrict detention to the
small number of people for whom no condition or
combination of conditions can reasonably assure
appearance in court and public safety, and reduce
disparity within the pretrial justice system (See
EXHIBIT B - Resolution Supporting 3DaysCountTM).
An item denoted with a " *" generally coincides with similar North
Carolina Association of County Commissioners (NCACC) 2010 Short Session
Priorities and Goals,
Upon motion of Commissioner seconded by
Commissioner �^ the Toregoing resolution was.
adopted by a vote of 7 - Q this the �� day of June, 2018.
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 gs 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 day
of June, 2018. 0,%/
Clerk to the Board of Commissioners
N
t