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HomeMy WebLinkAboutAgenda - 05-16-2000-7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 16, 2000 Action Agenda Item No. ~- q SUBJECT: Public Hearing on Orange County's Legislative Agenda for 2000 DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: John Link, ext 2300 Public Hearing Notice Potential Legislative Items as TELEPHONE NUMBERS: previously discussed Hillsborough 732-8181 Resolutions and other materials Chapel HIII 968-0501 From County Attorney Durham 688-7331 (separate cover) Mebane 336-227-2031 PURPOSE: To hold a public hearing on potential items for inclusion in Orange County's legislative agenda package for the 2000 North Carolina General Assembly Session. BACKGROUND: The 2000 North Carolina General Assembly Session begins on May 8, 2000. This is planned to be a °short session" of the Legislature. The BOCC has expressed a desire to formulate a legislative package to pursue for the 2000 North Carolina General Assembly Session. The Board has previously discussed and approved a coordinated plan for making direct contact with legislators and legislative committees and becoming more actively involved in the legislative process in support of Orange County's legislative package. The Board has also discussed potential legislative items at both its May 3, 2000 regular meeting (very briefly) and May 9, 2000 work session. A list of potential final items, as outlined on the "green" list with "yellow" attachment, was approved at the May 9~' meeting. Members of the Board also recently met with Orange County's legislative delegation to discuss various legislative items. The Board now needs to hold a public hearing on the potential legislative items to present during the 2000 General Assembly Session. After the public hearing, the Board will likely need to review and consider approval as necessary of the resolutions and other materials as developed County Attorney (provided via separate cover) so that they can be delivered in final form to Orange County's legislative delegation and to the bill drafting division of the General Assembly. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S):- The Manager recommends that the Board proceed as it desires based on the public hearing. ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING NOTICE FOR TUESDAY, MAY 16 AT 7:30 P.M. A public hearing will be held on the following list of potential legislative items for the 2000 North Carolina General Assembly Session: • School Impact Tax • Preserve Farmland/Promote Small Farms • Promote Viable Agriculture/Alternative Farming & Agricultural Practices • Farmer to Farmer • Reduce Property Tax on Homestead Exemption • Community College Initiative • Billboard Advertisements on I-40 • Metropolitan Planning Organizations • De-Annexation • Attachment/Garnishment for Emergency Medical Services (EMS) Bills • Open Burning/Ernission of Pollutants • County Financial Responsibility for Troubled Children • Maintaining funding levels for the Division of Soil and Water The Orange County Board of Commissioners welcomes all comments. The meeting is open to the public and will be held at the Southern Human Services Center in Chapel Hill beginning at 7:30 p.m. If you need additional information please call Greg Wilder at 245-2314 or visit, our website at www.co.orange.nc.us and click on hot topics. 2 INITIAL LIST OF POTENTIAL LEGISLATIVE ITEMS FOR 2000 NORTH CAROLINA GENERAL ASSEMBLY SESSION An initial meeting occurred on May 2, 2000 involving Commissioner Halkiotis, Commissioner Jacobs, County Attorney Geof Gledhill, County Manager John Link, and Assistant County Manager Rod Visser to consider on a preliminary basis potential legislative items for Orange County to pursue during the 2000 North Cazolina General Assembly Session. Following the discussion, it was proposed that the items below be noted on an initial list of potential legislative items to address with Orange County's legislative delegation. The Board may want to review this list and modify, add to, delete, or revise it in any manner. School Impact Tax (H857/5725~ This legislation seeks to replace the current school impact fee with a school impact tax. Prese~v_e~armland/Promote Small Farms The House version of this bill, H1132, was approved during the 1999 session. The Senate version, 5930, has been referred to the Senate Agriculture/Environment/ Natural Resources Committee. The House legislation seeks to establish a North Carolina Farmland Preservation Trust Fund for the purpose of purchasing agricultural conservation easements including transaction costs. Promote Viable Agriculture/Alternative Farming &„Agricultural Practices There exists a need to address this matter on several levels. One pertains to addressing regulatory processes which may impact farmers' pursuits of viable options to enhance, augment, or supplant standard farming activities. Current regulatory processes should be evaluated and, where reasonably possible, streamlined to diminish any impediments to these ventures. The other related azea concerns funding availability for agricultural activities in Orange County. This funding could be for an Agricultural Center, for assistance with alternative farming activities, and for other areas. Farnrxer to Farmer, (H869/S 1103 This legislation relates to the deferral of accrued taxes when agricultural property changes hands from farmer to farmer. The issue was presented during the 1999 Session, but was deferred to a legislative study committee and remains there at this point. Reduce Property Tax on Homestead E ernption This legislation would involve raising the exemption level on "homesteads", thereby diminishing the property tax owed. The 1999 budget bill called for a study of the homestead exemption, and a bill could emanate from that study during the Short Session and be eligible for consideration. Community.College_Init~ative It maybe prudent for Orange County to initiate a proposal requesting funding from the state for a satellite community college property and facility. Current information indicates that it would be wise to begin this process now and that a complete college plan is not necessary to initiate this request. Billboazd Advertisements on I-40 A moratorium prohibiting new billboards on I-40 from the Orange-Alamance county line to the Wilmington city limits in New Hanover County was approved by the General Assembly in 1999. The moratorium is scheduled to expire on July 1, 2000. The Town of Chapel Hill has already adopted a resolution requesting that Orange County's legislative delegation seek a permanent prohibition against billboard advertisements along Interstate 40. Metro olit Tannin Or 'nations Discussions aze on-going among local leaders and state representatives regarding proposed legislation to consolidate metropolitan planning organizations. The terms under which the Durham~Chapel Hill-Carrboro MPO and the Greater Raleigh MPO might be merged could be influenced by the language of any proposed legislation. It is suggested that Orange County note its general support for the Durham-Chapel Hill-Carrboro MPO's Position Statement on Senate Bill 1164. Senate Bill 1164 is sponsored by Senator Daniel Clodfelter. The Position Statement notes 1) principles that should be considered in merging MPOs, 2) potential funding level questions and funding allocation issues, and 3) weighted voting and representation characteristics that a merged organization's policy body should incorporate. De-Annexation As the Board of Commissioners is aware, the state has established the Smart Growth Commission, ofwhich Commissioner Jacobs is a member. As this Commission reviews all aspects of growth and its impacts across the state, it may be worthwhile to encourage the Commission to review the current status, practices, and impacts of annexation and de-annexation. Attachment/Garnishment for Emergency Medical Services (EMSI Bills Eighty-five counties in North Cazolina currently have authorization to attach/gaznish for the collection of EMS bills. Orange County is not one of those counties. The counties that do have this authority are: Alamance, Alexander, Alleghany, Anson, Ashe, Beaufort, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Caswell, Catawba, Chatham, Cherokee, Chowan, Cleveland, Columbus, Craven, Cumberland, Daze, Davidson, Davie, Duplin, Durham, Edgecombe; Forsyth, Franklin, Gaston, Graham, Granville, Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hertford, Hoke, Hyde, Iredell, Johnston, Jones, Lee, Lenoir, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Montgomery, Moore, Nash, New Hanover, Onslow, Pasquotank, Person, Pitt, Polk, Randolph, Richmond, Robeson, Rockingham, Rowan, Rutherford, Sampson, Scotland, Stanly, Stokes, Surry, Swain, Transylvania, Tyrrell, Union, Vance, Wake, Warren, Washington, Watauga, Wilkes, Wilson, Yadkin and Yancey Counties. Orange County should consider requesting to be added to the authorized counties. The county's current EMS collection rate is 35-40%, and this would likely allow the County to raise its rate to 60-65%. Open Burning/Ex~n.xssion_of Pollutants (H843/S7241 This matter passed the House during the 1999 Session. However, some issues relating to constitutionality were subsequently raised by the legislative drafting section, and, along with some other questions, limited consideration by the Senate. A similar bill which applied to the Town of Chapel Hill, H841, was adopted in 1999. County Financial Responsibility for Troubled Children - NC G.S. 7B-2S02. Evaluation & Treatment of Undisciplined and Delinquent Children. Under current state law, a judge, in the case of a child that needs special caze and/or assistance, can direct that the county of present location pay all the costs indefinitely to support the needs of that child. This provision allows a county to be unexpectedly assigned the responsibility of a child for an undefined time period and thereby incur expenses which can run into the tens of thousands on a yeazly basis. This scenario can create significant budgetary problems for a county. The County may want to urge that this responsibility be borne by the State or at least urge some statutory - - - - framework whereby a county can plan for this potential event. From: _ Brent Bogue To: ocmail:OCMAILOCMAIL(gwilder) Date: 5/2/00 ~:4ppm Subject: Orange County Legislative Goals •• 2000 •Reply Greg, The N.C. Division of Soil and Water Conservation which is a division of the Department of Environment and Natural Resources administers the N.C. Agricultural Cost•Share Program. This program provides direct cost•share assistance to landowners to install best management practices (BMP) to improve water quality throughout N.C. The funding for this and many other water quality initiatives is allocated by the N.C. General Assembly. As part of this program Orange County receives revenue to offset one half the cost of two technical positions which assist in the administration and implementation of the cost•share program. This year the Division of Soil and Water has indicated that there may not be sufficient legislative funding to maintain or increase technical assistance for all Soil Conservation Districts. The Orange Soil and Water Conservation District Board and the N.C. Association of Soil and Water Conservation Districts are working diligently to increase or sustain the funding levels which will allow adequate staffing levels to carry out water quality improvement initiatives in N.C. Currently the Orange Soil and Water District is requesting additional funding through Orange County to maintain the tw'o posi#ions which have been in place for over 10 years. Funding levels for BMP installation has been adequate in Orange County over the,past several years but same counties have not received nearly enough funding to implement' needed practices. Any assistance that the Orange BOCC could give in increasing or at least maintaining funding levels for Conservation Districts across the state would greatly increase the ability to implement water quality Improvement initiatives. Funding provided through the N.C. Ag. Cost•Share Program and other IJ.S. Department of Agriculture initiatives plays a major role in enabling farmers and landowners to continue production while improving water quality. If you need additional information you can contact me by email or at extension 2750.