AGENDA #13b
MEMORANDUM
TO: Mayor and Town Council
FROM: Pat Evans, Council Member
SUBJECT: Petition Requesting Support of the Regional Legislative Agenda of the Triangle J Council of Governments
DATE: February 12, 2001
The Triangle J Council of Governments has compiled its list of legislative issues for the General Assembly to consider. A copy of the Triangle J Regional Legislative Agenda is attached. I request that the Council adopt:
I have also requested that the issue of State-wide mandatory recycling of bottles and cans be included and added to our list of requests for the legislative breakfast.
With the change in our meeting time with the legislative delegation, I will be unable to attend the breakfast on February 16.
The Triangle J Council of Government’s priorities include:
Providing Revenue Options for Local Government: Any local government revenue source that is currently available to one or more local governments in the State should be available to all local governments uniformly throughout the state.
Protecting State-Shared Revenues for Local Government: Protection of existing local government revenue sources from “degradation” or repeal.
Growth Management and Smart Growth Strategy: A clear and concise growth management policy for the State is needed.
Transportation Planning and Funding: Additional State funding of the Transportation Improvements Plan (TIP), Metropolitan Planning Organizations (MPOs), and local transit authorities, with multi-modal planning for the region.
Environmental Issues: Financial and tax incentives following up on the Ambient Air Quality Act enacted in 1999 to encourage the use of alternative fuels.
Affordable Housing: Recurring funds for the N.C. Housing Trust Fund to provide new home ownership opportunities with affordable rental homes.
Electric Utility Deregulation: Strong concerns about any deregulation of the electric utility industry.
Statewide Recycling of Bottles and Cans: This issue is not addressed in the Triangle J agenda list, but I feel that it is important to keep the issue alive. Our landfills will not continue to support the current level of discarded recyclable materials, and I advocate State-wide mandatory recycling of bottles and cans.
That the Council adopt:
1. Regional Legislative Agenda, Triangle J Council of Governments.
RESOLUTION A
A RESOLUTION SUPPORTING THE 2001 REGIONAL LEGISLATIVE AGENDA OF THE TRIANGLE J COUNCIL OF GOVERNMENTS (2001-02-12/R-16a)
WHEREAS, the member governments of the Triangle J Council of Governments have compiled a legislative agenda for the purpose of conveying the information to the General Assembly for its review, consideration, and approval; and,
WHEREAS, the Town of Chapel Hill supports the regional efforts of the Triangle J;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby declares its support of the Triangle J Council of Governments’ 2001 Regional Legislative Agenda.
This the 12th day of February, 2001.
RESOLUTION B
A RESOLUTION SUPPORTING A STATEWIDE, MANDATORY PROGRAM FOR RECYCLING OF BOTTLES AND CANS (2001-02-12/R-16b)
WHEREAS, the State’s landfills will not be able to contain the growing amounts of discarded materials; and,
WHEREAS, the Town of Chapel Hill supports recycling of bottles and cans;
NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill hereby declares its support for a State-wide, mandatory program for recycling of bottles and cans.
This the 12th day of February, 2001.
Regional Legislative Agenda
2001 Session of the North Carolina General Assembly
Priority Legislative Issues for Member Local Governments of the
Triangle J Council of Governments
As the North Carolina General Assembly convenes its 2001 Session the member local governments of the Triangle J Council of Governments have compiled their respective legislative agendas for the purpose of conveying this important information to the General Assembly for its review, consideration and approval. After taking into consideration the various challenges that will be confronting the legislature during its 2001 Session, it is the intent of Triangle J's member local governments that this Regional Legislative Agenda serve as an aid to the legislative delegations serving Lee, Chatham, Orange, Durham, Wake and Johnston Counties in assisting our cities, towns and counties with their legislative needs. The following information has been set forth in priority form for this purpose and is supported by an attachment that provides rationale statements, data and other support material:
TOP PRIORITIES
Provide Revenue Options for Local Government: In the face of almost insurmountable growth issues demanding local government services within Region J -- transportation, schools, water, sewer, elderly care, public safety, courts, solid waste, etc. -- it is imperative that the legislature provide options to local government to address these needs. An overarching principle that we propose is that any local government revenue source that is presently available to one or more local governments in the state should be available to all local governments uniformly throughout the state. Triangle J COG's local governments seek approval of a local option sales tax, impact fees and/or taxes, land transfer fees, increased court cost fees, etc. on a reasonable basis, and, should there be an option provided on sales tax, it is further expected that elimination of the application of this tax to food would be included. New funding options approved by the legislature would be expected to be subject to final approval by local referendum.
Protect State-Shared Revenues for Local Government: While new revenue sources are pursued in an environment of significant state needs due to litigation, natural disasters, and state programs, it is equally as important to local government that existing state-shared local government revenues "e protected from degradation and/or repeal. Commitments from legislative delegations are sought to protect existing local government revenue sources.
Growth Management and Smart Growth Strategy: Paramount among the issues for Region J's local governments are growth management and "Smart Growth" strategies. Recommendations have been provided to the state's Legislative Study Commission on Smart Growth setting forth five strategies for the development of a state policy on growth management and regional principles to guide growth. This incentive based planning partnership calls upon the state to establish a clear and concise growth management policy based on these regional principles and calls for the creation of a "Smart Growth Toolbox" that would extend incentives for implementation of the state's policy. The toolbox includes a number of inducements such as allowance of the "transfer of development rights," inclusionary zoning and housing programs, expanded local revenue sources for community and regional infrastructure, along with state funding for planning, infrastructure financing, affordable housing, environmental programs, open space/farm land, rural economic development, downtown/main street development, and other economic development incentives. Triangle J COG's local governments seek approval of the foregoing, along with adequate authority and financial support to provide adequate public facilities necessary to any "Smart Growth" strategy and state policy.
Transportation Planning and Funding: Multi-modal planning for the myriad transportation needs of Region J is a substantive issue for the future of our local governments and the region. Funding of the Transportation Improvements Plan (TIP), Metropolitan Planning Organizations (MPO's), Rural Planning Organizations (RPO's), Powell Bill Funds, local transit authorities and the Triangle Transit Authority are very important, and additional state funding is needed. Moreover, Triangle J COG's local governments advocate and seek a fundamental change in the state's planning/organizational structure currently in use to allow for more formal input by local government and a funding formula that provides adequate financial resources to address the ever-growing transportation needs of our region. Follow up on RPO legislation is needed to address regional transportation planning needs. Clearly the challenge for North Carolina is that adequate funding must be provided by the legislature to assure that our state can meet its many transportation needs. Road and bridge maintenance funding is sought to adequately maintain existing infrastructure. Additionally, the General Assembly is urged to grant local enabling authority for the use of video cameras for red light violation apprehension and enforcement to any town or city in the Triangle J region requesting such authority. Finally, it is requested that the General Statutes be amended to require that the N.C. Department of Transportation pay for the non-betterment cost for relocation of city/county utilities that are relocated for a state highway improvement project -- inclusive of regional public utilities.
OTHER PRIORITIES
Water Quality and Infrastructure: Long term water quality planning and wastewater treatment needs continue to be important topics for the region. Hydrological modeling in Jordan Lake and protection measures for the Upper Neuse and Cape Fear Rivers are extremely important and will require support from state government. Support from our local legislative delegations is sought for both financial resources and regulatory control to meet environmentally sound water and sewer infrastructure resources for the region. Additional funding for the Clean Water Management Trust Fund is also sought.
Environmental Issues: Attention to air quality tops the environmental issues important to Region J local governments. Support is sought for financial and tax incentives following up on the Ambient Air Quality Act (SB 953) enacted in 1999 to encourage the use of alternative fuels. Linkage of air quality to the "Smart Growth Toolbox" and growth management strategies is important. Solid waste management legislation is sought to strengthen local governments' role in recycling and authority to charge reasonable fees for recycling activities. Additionally, Triangle J COG's local governments seek funding of the state's Million Acres Initiative, along with other open space and green space concerns, inclusive of increased funding for farm land preservation and other similar economic development activities.
Aging and Long Term Care Needs for the Older Population: Care for the growing population of older Americans within our communities is an integral part of the regional concerns of our local governments. Triangle J COG's local governments seek appropriation of funds for "Home and Community Based Services" ($15 Million recurring), along with funds for "Senior Centers" ($3 Million). Additional legislative needs sought during the 2001 Session include enhancements for direct care staff who assist with in-home care and long term care settings to address high turnover rates in care provider settings, statutory provisions defining criminal acts which would preclude long term care facilities from hiring employees with criminal records, and state protection for older residents in adult care homes that house mixed populations (mental illness with substance abuse).
Affordable Housing: Affordable housing, as an element of land use planning and growth management, is key to quality of life in the region. Accordingly, Triangle J COG's local governments seek approval of statutory amendments that allow inclusionary housing provisions of the "Smart Growth Toolbox" referenced in the Growth Management Strategies of this agenda. Appropriations by the General Assembly authorizing recurring funds for the North Carolina Housing Trust Fund to provide new home ownership opportunities, along with affordable rental homes for the disadvantaged are also sought.
Economic Development: Continued financial support of the World Trade Center and its link to the global trade market is sought to assure continued economic vitality for the region. Over time this support has been as much as $300,000 per year. State support, in terms of existence and facilitation, of the various Foreign Trade Zones in the region and the state is also encouraged.
Electric Utility Deregulation: Triangle J COG's local governments express strong concern about any decision by the legislature to deregulate the state's electric utility industry. However, should deregulation occur in North Carolina, legislation should include provisions for local government decision-making authority regarding zoning, land-use controls, etc. and should bar any preemption of traditional local government authorities. Conservation and emission pollution control requirements on electric generation and distribution must be a part of any deregulation legislation. Clear authority for local governments to aggregate electric utility services is sought should deregulation occur.
Indigent and Uninsured Health Care Delivery Costs: The influx of immigrant residents into the region has manifested itself in an ever-increasing demand on local health care services; subsequently, county governments find themselves bearing major expenses for indigent and uninsured health care delivery costs. Accordingly, Triangle J COG's local governments seek legislation to provide state appropriations to finance health care delivery for immigrant residents who are not sponsored, and/or who are not insured regardless of nationality and citizenship.
Miscellaneous:
Personnel: Revisions to certain provisions of the North Carolina General Statutes are sought to clarify the application of particular personnel and employee guidelines. In the general administration of the various aspects of the council of government's business affairs, the Council generally follows the provisions of GS 160A, Article 7, Part 4 regarding personnel for the public employees of the Council. Language is sought in the 2001 Session to clearly state the authority upon which the Council conducts its business in this regard.
State LRO Funding: The state has for many years provided an appropriation of a small stipend (currently $55,000 per Lead Regional Organization through the Division of Community Assistance) in support of regional planning and economic development. Triangle J seeks the continuation and substantial increase in this amount of funding (to $100,000) for Lead Regional Organizations. Individual units of local government have faithfully enacted release resolutions as required by the appropriation legislation to demonstrate local support. Based on the performance and experience of over ten years of local government support for this funding, it is further recommended that the need for resolutions to release these funds no longer be required.
Triangle J Council of Governments
Mission Statement
To serve as an intergovernmental organization for local elected officials that works proactively on regional issues in order to sustain and improve the quality of life for our citizens.