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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: February 15, 2011 <br />Action Agenda <br />Item No. ~ - G <br />SUBJECT: Proposed Changes to the Upper Neuse River Basin Association Bylaws <br />DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y/N) No <br />& Recreation (DEAPR), County <br />Attorney <br />ATTACHMENT(S): <br />- Draft UNRBA Bylaws <br />- Draft UNRBA Document: - "The Path <br />Forward: Organizational Guidance to <br />Implement the Falls Lake Nutrient <br />Management Strategy Consensus <br />Principles" <br />INFORMATION CONTACT: <br />John Roberts, County Attorney, 245- <br />9630 <br />David Stancil, DEAPR, 245-2510 <br />Tom Davis, DEAPR, 245-2513 <br />PURPOSE: To consider proposed changes to the Upper Neuse River Basin Association <br />bylaws and related information. <br />BACKGROUND: Members of the Upper Neuse River Basin Association (UNRBA) have <br />recently considered proposed changes to the bylaws governing the organization. These <br />changes are a result of: <br />1) the General Assembly's passage of HB1765 in 2010, which included details <br />concerning the establishment of the Falls Lake Watershed Association; <br />2) the adoption of the Falls Lake Nutrient Management Strategy by the NC <br />Environmental Management Commission (EMC) in 2010; and <br />3) the 2010 adoption of the Consensus Principles to Guide Falls Lake Nutrient <br />Management Strategy by Triangle area local governments. <br />The UNRBA was founded in 1996 as a 501(c)(3) corporation to provide a means for local <br />governments located in the upper reaches of the Neuse River basin, including Orange County, <br />to work together on preserving water quality in the upper Neuse River basin. Orange County is <br />along-standing member of the UNRBA, and Commissioner Pam Hemminger is currently the <br />Chair of the UNRBA Board of Directors. <br />Recently, some directors of the UNRBA expressed concern that as a 501(c)(3) organization, the <br />UNRBA was effectively prohibited from conducting significant lobbying activities, per the IRS <br />code concerning non-profit organizations. Several UNRBA jurisdictions have concluded that <br />lobbying various state agencies such as the Division of Water Quality (DWQ) and the <br />Environmental Management Commission (EMC) concerning Stage II of the Falls Lake Nutrient <br />Management Strategy may be beneficial. As a reminder, the fiscal note developed for the Falls <br />