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House | June 2, 2016 | Chamber | Local Government House

Full MP3 Audio File

[BLANK_AUDIO] Good morning, I'd like to call this meeting of the house local government committee to order, ask the members as they please have their seats, we have seven bills we need to go through today. I would ask if there is anybody in the audience that would like to speak on a particular bill, if they would talk to the sergeant-at-arms who has a pad and if you would please give your name, the bill that you wish to speak on and whether it's for or against. I'd appreciate it very much. I would like to recognize our sergeant-at-arms, [INAUDIBLE] Jim Ran, Martha Gaderson, Joe Cook, and Will Clocker, I appreciate you all for being here and what you all do for the general assembly, also would like to introduce our pages. There is Will Clark who is sponsored by Representative Queen, Bennett Rough, who is sponsored by Representative Hager. Mary Legget who is sponsored by Representative McGrady. And Ray Johnson, who is sponsored by Speaker Tim Moore. First item on the agenda this morning will be bill number 1126, red light cameras City of Greenville. Representative Murphy will be presenting the bill. There's a PCS. Without objection the PCS is [UNKNOWN] before us. Representative Murphy, the floor is yours to present your bill. And there is no serial referral. The floor is yours, sir. Thank you, Mr. Chairman. I'd like to present a local bill, a non-controversial bill. 1126. This is regarding the installation of the red light cameras, they think they're green light, in Greenville just following the same pretty much path that was done in 2014 for Fayetteville. This has been vetted by our local City Council as well as our county commissioners. We have an inordinate amount of crashes in Greenville and this is an attempt to try to decrease the fatality that we experience in Greenville. We have a very high traffic rate, one of the highest insurance rates if not the highest in the state and I would appreciate your support for your review. I'm happy to answer any questions. >> Thank you Representative Murphy, are there any questions by any member of the committee. Representative Senser/g? >> At the appropriate time, I'd like to make a motion for favorable report. >> Thank you Sir, if you'd hold that thought, Representative Warren, did I see your hand raised? Hearing no questions from the committee, I don't have the sign up sheet yet. Is there anyone in the audience that was wanting to speak for or against this bill. Seeing none, I believe now would be the appropriate time Representative Senser/g. >> I move for a favorable report for the proposed committee substitute for house bill 1126 in favor of the original bill. >> As the motion before the committee any further discussion before Vote. Hearing none, all in favor say aye. >> Aye. >> All opposed say no. >> No. >> In the opinion of the Chair, the ayes have it. The ayes do have it therefore it will receive a favorable report. Thank you, Representative Murphy. Next item on the bill will be House Bill 1143 the Spence Mountain Charter. Representative Torbett will be presenting the bill. This is a PCS. Without objection, the PCS is brought before the committee. Is there serial referral Representative Torbett? And there is no serial referral. The floor is yours to present the bill, sir. >> Mr. Chairman, thank you and thank you for allowing me to go second as I have another meeting. Thank you so very much for that. >> Yes, sir. >> Good morning members of the committee. You have a very rare opportunity today. >> Thank you. >> To make a precedent setting move in The Great State of North Carolina. I am blessed to have multiple, municipal, governing systems in my district. I believe I have seven. One of those is Spencer Mountain. Spencer Mountain was a typical North Carolina mill town, where the only The only thing that was in the town was a mill and houses that were owned by the mill, a store that was owned by the mill, and a free standing building is the church. Currently in the town limits, the only residents are the preacher of a church, that lives in the church and his wife. So during the last elections and for several elections. Prior to that, they are the only two people that signed up to be anything as far as elected person in the town, so we now have a mayor an accountable person which is the husband and a wife which is the preacher of the church. There is zero population in that town,zero. There are zero structures in that town other than the church the and what used to be a very small convenience store. There is no revenue generated by the town. Essentially the town just lays dormant. There are plans by the people that own the mill to inevitably come back and repopulate the town with new homes. They have done this before in another town at my district and it worked out Real well.

They're just not prepared to move no that at this time. So the Department of Treasury came and spoke to me about this. Towns do have obligations and those obligations of course are revenue and population and rules to elect it. So we've addressed all of those and the suggestion working with treasury and myself was to lay the town in dormancy or to just suspend the town, it would not remove the mayor nor the council woman for a period of time that specified in the bill until such time that they decide to repopulate and rebuild the town. I appreciate a favorable report. Thank you very much. >> Thank you Representative Torbett. Are there any questions or comments by any member of the committee? Representative Setzer? >> At the perfect time, I'd like to make a motion for favorable report. >> Thank you . Would you hold that? Any other questions or comments by any member of the committee. Havinging no one signed up to speak for against the bill, Representative Setzer, I believe now is the appropriate time. >> I move for a favorable report on House Bill 1143. I proposed committee substitute to the unfavorable regional bill. >> There's a motion before us, any further discussion by the committee before we vote? Seeing none, all in favor say aye? >> Aye. >> All opposed say no, passed unanimously, Representative Tobiart will receive a favorable report and thanks for coming this morning. >> Thank you Mr. Chairman and the committee on behalf of the citizens of [INAUDIBLE] >> Next item on the bill is house bill 1009 which is the Wake City town's donate retired service animals. Representative Adcock I believe you've come back for a repeat performance on this, have you not? >> Yes Sir, Mr. Chairman. Had so much fun I had to come back and I'm pleased to have with me- >> Excuse me, I'm sorry. And Representative Avila will also be present to present the bill and there is a without objection the PCS is properly before us. Is there referral? There is no referral. Floor is yours, present your bill. >> Thank you. I was just saying how pleased I was to have Representative Avila here with us this morning. And yes, you have seen this bill before it's a little bit like Groundhog Day here at the Local Government Committee. This bill has not changed operationally, it still gives Is the same three options for the transfer of the ownership of the service animals, the only thing that has changed in PCS is the addition of four counties and two additional municipalities in Wake county. And we would ask you for a favorable report. >> Representative Avila did you wanna add anything? All right we appreciate you being here this morning. Is there any questions or comments by any member of the community? Representative Pendleton I've seen your hand. All right representative Floyd? Any other questions or comments by a member of the committee. On having no one sign up to speak for or against the bill, representative Pendleton/g I believe now is the appropriate time. >> I'd like to make a motion that we approve this. >> I believe if I understand your motion correctly, you want a favorable as to be PC as unfavorable towards the original. There is a motion before, so is there any discussion before we vote? Hearing all in favor say, aye. >> Aye >> All oppose say no. Bill passes with a resounding aye For representative Warren. Thank you representative Ager, representative Avila you'll receive a favorable report. >> Thank you committee. >> Next item on agenda is house bill 1035, LGC/Training for local government finance officers. Representative McNeill will be presenting the bill, this is a PCS that objection of PCS is Property before us. Is there a serial referral, Representative McNeill? Where is that? >> There is not. >> I'm sorry. >> There is not. >> Okay I apologize. There is no serial referral. The floor is yours to present your bill, sir. >> Thank you to the local government committee for hearing this bill. This bill is put forward by myself Representative Johnson and Representative Allard. And referring to the bill if you look on the first page, the first 90% of the first page is just basically gender references, changes of gender references. Number eight the last section there just Says attend any training required by the LGC under this section. Going into the second page, if you'll look down to section D, this is the meat of the bill. Basically what it does is allows the local government commission and gives them the authority to require finance officer or any other employee That's acting as a finance officer and has those powers and duties, if the commission issues a letter of deficiency, this gives the commission the power to require the finance officer to attend certain training. And that's pretty much the basis of the bill And the crux of the bill. Mr. Chairman. >> Thank you, Representative McNeill. I would also like to recognize Representative Frank Iler who's also here to present the bill. Representative Iler, is there anything you'd like to add? Thank you. I appreciate you being here this morning. Are there any questions or comments by a member of the committee. Representative Luebke. >> Thank you Mr. Chairman. My question for the bill sponsors is, what That led to this legislation is a request by the local government commission or was there a problem somewhere?

>> It was requested by the local government. I'm sorry. >> Yes, sir Representative McNeill. >> I apologize. Yes it was requested by local government commission. There are 100 counties and 552 municipalities in this state And there's several water and sewer districts and sometimes they get in financial trouble. A lot of times in the smaller ones it's because they can't hire qualified financial officers. They don't have the appropriate training. So this just allows the local government commission to come in when a town or a municipality Out there a lot of districts in trouble and say you need to get this training. >> Thank you for explaining. I appreciate. >> Any other questions or comments by any members of the committee? Having no one sign up to speak for or against this proposed legislation, the Chair would welcome a motion. Representative Floyd. This is the appropriate time sir. >> Yes sir. >> If you could turn your mic on please, thank you. >> Thank you Mr. Chair. >> Yes sir. >> A comment to Representative Lukie. >> Yes sir. I'm sure he'll yield to a question or comment. >> Yes sir,just a response to Your question there was a city close to [UNKNOWN] that experienced some financial difficulties. And the city went in the wrong direction and needed a lot of assistance. If it had this, perhaps it would not have been at that particular level. So I move for unfavorable to the original favorable to the PCS Thank you for that clarification and that is the motion before us. Is there any further discussion by the committee before we vote on the motion? Hearing none all in favor say aye. >> Aye >> All opposed say nay. Passed unanimously this will receive a favor report. Thank you for coming. >> Thank you, Mr. Chair, committee. Next item on the agenda is House Bill 1045 the New Bern charter/revised and consolidated. Representative Speciale will be presenting the bill. And I understand if it get's a favorable report there is a referral to finance. The floor is yours. Present the bill Representative Speciale. >> Thank you. This is just a revision to their charter. They haven't revised their charter in over half a century. They had sixty something pages. All of the Legislative delegations the three representatives and the Senator are all in agreement. We got all of the Many of the delegation from New Bern up here to answer any questions that we had and I'd ask for a favorable on this. I ask for your support. >> Thank you sir. Having had no one sign up to speak for against the proposed legislation, I'd ask are there any questions or comments Member of the committee. Representative Setzer. >> I have a motion for a favorable report at the proper time. >> If you hold that thought. Are there any other questions or comments from members of the committee. Representative Floyd. >> Yes sir. Just a question. >> Yes, sir. >> Is this a council managed form of government or manager council form of government? The reason why is that the city manager that they appoint The city manager, the city attorney and the city director. >> Representative Speciale >>I'm sorry. Could you repeat that? >> Okay here it indicated that the town board of [UNKNOWN] appoint the city manager, the city attorney and the city finance director. They want to appoint those three Instead of allowing that responsibility to rest with the city manager cuz in most municipalities, the city manager appoints the finance director and the board of government does the city attorney and the city manager. That's the question. They have that option to go either way and this is what they chose to do. >> Hold up one second. Mr. Perry would like to add some insight into that question. >> Thank you, Mr. Chairman. Jiles Perry, committee staff. This is already the procedure that New Bern has and this is continuing in their revised charter. >> Follow up, Mr. Chair. >> Follow up. >> Now that That's okay. Let's go ahead and put it on either committee. What they want. >> Any other questions or comments by any committee member? Seeing none, all in favor of the motion before us say aye. >> Aye. >> Opposed say no. Passed unanimously. You will receive a favorable report. Thank you for coming. The next item on the agenda is House Bill 1131 Town of Andrews/ETJ authority. Representative West will be presenting the bill. Welcome sir, and the floor is yours to present your bill. I would ask you if this gets a favorable report, is there a referral? >> No, sir. >> Then there is no referral. Thank you sir. The floor is yours. >> Thank you, Mr. Chairman. Members of the committee, what this bill would do is it would require the town of Andrews to Obtain approval of the Cherokee County Boarder Commissions before

exercising their ETJ authority. Appreciate your support. >> Are there any questions or comments by any member of the committee? I had seen Representative Langdon's hand, for a motion, if you'll hold that thought representative Lukie. >> I was interested in the genesis of these bills, who wanted this? >> The people living outside of town. >> [LAUGH] follow up. >> Follow up. >> So they haven't liked some of the decisions that the town has taken? >> That's right, they don't want the town dictating policy on their policy. >> I think we're done, so basically they don't like ETJ at all. >> No, sir. >> Okay, thank you. >> Any other questions or comments by a member of the committee? Having no one sign up for or against the proposed legislation, Representative Langdon? At the appropriate time. And there is no referral. Thank you. That is the motion before Before us. Is there any further discussion by the committee before we vote? Seeing none, all in favor say aye. >> Aye. >> All opposed say nay. >> No. >> The ayes appear to have it. The ayes in fact do have it, therefore it will receive a favorable report. Representative West, thank you for being here today. >> Thank you, Mr. Chairman. Thank you, members of the committee. >> Ladies and gentlemen, the last item on on the agenda is House Bill 1132. Representative Blackwell was gonna be tied up at the beginning of the meeting. If we could stand at ease just for a couple of minutes tet me see if I can ascertain his statues. Representative Warren. >> Mr. Chair, I'd just like to take advantage of this opportunity in the lull to congratulate Representative Setzer in the fine manner which he put forth the proposed motions this morning. >> Recognition is in order. Representative Setzer, did you wanna speak on to that? [BLANK_AUDIO] >> The previous bill I don't think I ever stated the motion. I said I would make one. I didn't actually state the motion. The one that was re-referred to finance? >> [BLANK_AUDIO] Which one was that? >> 1045. >> 1045, you did not in fact make the motion. 1045 I raised my hand to make a motion but I didn't actually make the motion. >> [INAUDIBLE] >> It's just a correction but I didn't state the motion. >> We voted. >> There is a referral to finance. Do you wanna remake just for the record? >> Just for clerical purpose I'd like to make a motion for Regarding House Bill 1045, a favorable report and re-referred to the committee on finance. >> That is the motion before us now. Any further discussion before we vote. Hearing none, all in favor say aye. >> Aye. >> All opposed say no. Passed unanimously. >> Sorry Mr. Chairman. >> That's fine it will still go anyway but I appreciate you making that clarification. We'll stand at ease Stand at ease just for a few minutes. [BLANK_AUDIO] >> Mr. Chair >> [BLANK_AUDIO] >> Yes Yes Representative Floyd? >> My understanding that it's been looked at 1035 [BLANK_AUDIO] [CROSSTALK] >> It's 1132 >> 1126 we good Mr. Chair. >> We've done that Was the first one we did. >> Yes, sir. I get the delivery speed this morning. >> Sir, you have responded with delivery speed this morning. >> But Representative Blackwell did have a valid reason why I put his last. Obviously he's still tied up [BLANK_AUDIO] If I could ask, I should know better than asking this but I'll do it anyway. Could all the members of the committee please look at House Bill 1132, it's a de-annexation bill. If you all could look at it and let me know Anybody that might have any questions concerning that particular bill? >> Mr. Chair. [BLANK_AUDIO] I understand from staff there is a technical amendment that needs to be done to the bill and it will be better if Representative Blackwell was here I appreciate Representative Setzer being willing to run the bill for him, but under the circumstances, I feel like it is better for him to be here. [BLANK_AUDIO] Especially since he has not sent the amendment. >> I tried. I really did. >> Here we go If you can't get here on time, just get here when you can. [BLANK_AUDIO]

Representative Floyd, Representative Blackwell heard that you [INAUDIBLE] The next item on the agenda is house bill 1132, grand elpine/g de-axation Representative Blackwell will be presenting that bill, there is AN amendment that he is now aware of that we would At the appropriate time, and it's my understanding that there is a referral to finance if this receives a favorable report. [BLANK_AUDIO] [BLANK_AUDIO] Representative Blackwell, the floor is yours to present your bill and welcome to local government. And understand Representative Rayne Brown will be running the amendment, just involved in running the amendment at the appropriate time >> Thank you, Mr. Chairman. I apologize to the committee. I was engaged on another bill. This is a straight forward situation that we at the legislature deal with from time to time where property THAT has previously been annexed to a town or city. It is subsequently decided that they want to deannex it. Everybody's in agreement. This is a parceL OF about 1.8 acres. I think at one time they thought they were gonna use this land for a new fire station. In the interim, that never occurred. They don't need the land. Fire station's been otherwise provided for. The town of Glen Alpine is in agreement. The property owners in agreement and the amendment is simply is to clarify some confusing language that was in there that referred to it as being in Morganton because mail goes to Morganton street addresses rather than to a Glen Alpine only if you get a post office box in Glen Alpine. So to avoid the confusion, why are you saying it's in Morganton and you're taking it out of Alpine, that's the only change with the amendment. >> Thank you. Representative Burr, do I understand that you have an amendment to offer? I would ask all the members of the committee have the amendment before them? Is that a yes? Representative Burr would you please present you amendment. >> Thank you, Mr. Chairman. You have the amendment before you. It is a fantastic amendment that I will let Representative Blackwell further explain. >> Thanks. Representative Blackwell I will be glad answering further questions about the amendment of the bill >> are there any questions or comments for representative Blackwell concerning the amendment?representative Hurley>>I just wanna make sure that the [UNKNOWN] is okay with this. >> Yeah they requested this >> Okay Representative Floyd. >> With the haste that the bill sponsor agree with the amendment? >> Yes, I was the one that caught the mistake and asked staff to prepare the amendment but since I'm not on the committee I can't offer the amendment. >> Correct. >> At proper time Mr. Chair. >> Any other questions or comments from members of the committee? Having not received any Request to speak for against it from the public. The motion before us is to accept the amendment as offered by Representative Burr without objection for Representative Blackwell. All in favor say aye >> Aye >> All opposed say nay. The amendment received passes. The motion before us now is to roll the amendment into a new PCS and to provide the new PCS a favorable report and a non-favorable report as to the original bill and to refer the bill to the committee on finance, Representative [INAUDIBLE] that was an excellent motion. >>I knew that, I actually did. >> You've done an outstanding job today. That is the motion before us. Is there any discussion by the committee before we vote? Hearing none, all those in favor say aye, >> aye >> all opposed say no, receives a favorable report, thank you Representative Blackly/g received a favorable report. Thank you for being here. >> Thank you. >> Having no further business come forth the committee, we're adjourned. Thank you for everyone for being here. [BLANK_AUDIO]