Dear  

The following resolutions were adopted following the CCAP 2013 Annual Conference. Under the Association's new bylaws procedure, they were considered at the Conference business meeting on August 6, 2013, and then were submitted to the full CCAP membership by electronic ballot. Balloting opened on August 15, 2013, and closed on August 25, 2013. The resolutions amend the Pennsylvania County Platform, the Association's cumulative policy statement. The Platform is available on the CCAP website, www.pacounties.org. The list will be continued in subsequent editions of the Bulletin, and is also available on the CCAP website.

RESOLUTION NO. 1 (Submitted by the CCAP Agriculture Committee)-The Association encourages counties to determine agricultural use values under the Pennsylvania Farmland and Forestland Assessment Act in a way that maintains fairness, uniformity and equity among county residents.

Under Clean and Green, some counties keep their agricultural use values at base year value, while others who may not have had a reassessment in ten, twenty or more years are using current year Clean and Green values. In addition, counties have differing methods of whether or how they apply Clean and Green Values provided by the state Department of Agriculture. The resolution encourages counties to have uniformity and consistency as the basis for their determination of use values.

RESOLUTION NO. 2 (Submitted by the CCAP County Governance Committee) - The Association supports an amendment to the County Pension Law to clarify that cost of living adjustments may be calculated from the year awarded, and do not need to be calculated retroactively to the date of the last cost of living adjustment.

The county salary law requires consideration of granting cost of living increases at least once every three years. The law is interpreted to require that the COLA be applied retroactively to the last year that a COLA was granted; this interpretation increases the cost of the benefit significantly. The resolution proposes to clarify that application of the COLA is going forward, which reduces the cost and removes the primary disincentive for counties to adopt COLA adjustments.

RESOLUTION NO. 3 (Submitted by the CCAP Resolutions Committee) - The Association supports comprehensive review and recommendations on reform of Act 111, the Police and Fire Collective Bargaining Law, and Act 195, the Public Employee Relations Act, to be undertaken by the Association policy committees in cooperation with representatives of other units of local government, with an objective of recognizing inherent issues of balance and objectivity, along with changes in practice, marketplaces, and overall employer-employee relationships, that have arisen in the nearly-half century since their passage. 

The collective bargaining relationships between local governments and police and firefighters, and non-uniformed employees, are set out in Act 111 of 1968 and Act 195 of 1970, respectively. Perceived issues of balance, particularly in mediation and arbitration, are commonly asserted and, along with significant changes in employment marketplaces and practices in the years since their passage, suggest that review and revision of the acts is warranted. The resolution calls on the Association to undertake review and development of these issues in cooperation with the other groups representing local government entities.

RESOLUTION NO. 4 (Submitted by the CCAP County Governance Committee) - The Association supports the elimination of the "yes" retention question for judges, requiring judges to stand for re-election.

A prior resolution was clear in support of elimination of the "yes" retention, but did not offer guidance on what system should be offered in its place. The new resolution suggests that they instead stand for re-election; the belief is that a vote is necessary to maintain accountability and that a true election, rather than retention, is a better measure.

RESOLUTION NO. 5 (Submitted by the CCAP Election Reform Committee) - The Association supports legislation to improve the validity of the petition circulation process, including better clarity and training on petition content and circulation rules and increased penalties for fraudulent practices.

Ballot access and sometimes elections themselves are affected by inadvertent or even intentional problems with collection of signatures on petitions. The resolution suggests that more be done up front to assure that the rules are appropriate and understood, while at the same time emphasizing the importance of proper procedure by increasing penalties for fraudulent practices.

RESOLUTION NO. 6 (Interim resolution originally submitted by the CCAP Election Reform Committee and adopted by the CCAP Board on June 7, 2013, and ratified by the membership) -

The Association supports on-line voter registration, provided that:

Legislation is now under consideration (S.B. 37) that provides for on-line voter registration. While the Platform has a position in general support of legislation that facilitates voter registration and participation in balloting, the resolution augments that with clarity of the Association's position regarding on-line registration, including important qualifications that must be met as a condition of support.

RESOLUTION NO. 7 (Submitted by the CCAP Energy, Environment and Land Use Committee) - The Association supports planning and resources for expanding natural gas services to Pennsylvania homeowners and businesses.

Part of the Association's priority on shale gas impacts addresses the potential for counties to be an active partner in the development of compressed natural gas as a source for residential and commercial heating as well as vehicle fuel. Because the Platform addresses the use of natural gas only for vehicles and generation of electricity, a new plank regarding residential and commercial use ensures the Platform parallels the priority.

RESOLUTION NO. 8 (Submitted by the CCAP Energy, Environment and Land Use Committee) - The Association supports the goal of increasing recycling efforts to reduce the amount of waste sent to landfills, but believes that any mandates to recycle additional items in the commonwealth must be accompanied by appropriate resources to provide adequate infrastructure that assures access to all homeowners and businesses.

Act 108 of 2010, the Covered Device Recycling Act (CDRA), requires certain electronics to be recycled either at a manufacturer- or retail-sponsored location rather than placed in the trash, while many counties also offer collection programs accepting various electronics. However, since the CDRA took effect in January 2013, it has become evident that some residents have more readily available access to electronic recycling locations than others, which could lead to unintended consequences like illegal dumping. Other items have been proposed to be added to the list of eligible items that can be accepted in municipal recycling programs, such as fluorescent light bulbs, even though facilities in the state are not currently equipped to recycle them. Given that the loss of the administrative fee has already caused a number of counties to curtail or even end recycling programs, a balance is sought between the important goal of recycling and the resources needed to make it a success. 

RESOLUTION NO. 9 (Submitted by the CCAP Energy, Environment and Land Use Committee) - The Association opposes any amendment to the Pennsylvania Sewage Facilities Act (Act 537 of 1966), as well as any regulation or guidance related to Act 537, which would ignore county land use and economic development priorities or eliminate or weaken requirements for county planning agencies to review, comment, and provide recommendations to state or regional officials in regard to plans prepared in accordance with Act 537, plan amendments, and land development modules.

In response to the Pine Creek Valley Watershed Association v DEP case before the Environmental Hearing Board, the state Department of Environmental Protection proposed technical guidance regarding the siting of on-lot systems in High Quality and Exceptional Value watersheds. The proposed guidance had the potential to have a significant impact on local land use decisions and local economic development in some parts of the state. While the enactment of Act 41 of 2013 appears to have mitigated the need for the guidance document at this time, further regulatory action may still take place in the fall, and the amendment recognizes the recent and anticipated activity on this issue.

RESOLUTION NO. 10 (Submitted by the CCAP Human Services Committee) - The Association supports full implementation of the Adult Protective Services (APS) Act only under the following conditions:

 
The Adult Protective Services Act was enacted in 2010 and establishes a statewide reporting and investigative system for reports of suspected abuse. It applies to adults between the ages of 18 and 59 with a physical or mental impairment that substantially limits life activities. The Act has never been fully funded. Some Area Agencies on Aging have agreed to be the Adult Protective Services (APS) agency until the state completes an RFP process for regional APS agencies. County human services offices report that the state has assigned cases to investigate on behalf of individuals not receiving services, which is clearly outside of counties' existing responsibilities for incident management. The commonwealth also has not developed any regulations which clarify overlapping roles between county incident management and the adult protective services agencies, as well as the need to coordinate adult protective services with county human services.