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House | March 26, 2015 | Committee Room | Local Government Committee

Full MP3 Audio File

I would like to recognise our Sergeant at Arms, Young Bay, Bill Maurice and Jim Murray. We appreciate you all being here thank you very much. Also we want to recognize our pagers I hope you're all having a good week, and learning a lot in doing your sales we have Brittany Mcmanus from Wake County, who is sponsored by Bobby Richardson, Caroline Nottin from Back County, represented by Hugh Blackwel and David Gastinberger from Wake County sponsored by Chris Milan, welcome. First bill to be heard today would be House Bill 199. Harry /donate service animals to officers Representative Holi you have the floor to present your Bill mum. Good morning? house bill 199 is a local bill. I think everything that comes in [xx] is a local bill, for the use of what are we going to do with animals that are no longer in active duty or active service with the city of La lid[sp?] they have requested that we take these animals and donate the animals to the officers that the officers would like to continue to keep the dog or the horse or the animal, they like to do so. So we think it's a humane way of doing it. We're working well with other agencies in trying to make sure that this is the animal are propping taken care of. Thank you Mr. Chair. Yes sir representative Floid. At the appropriate time. Alright Okay. Representative [xx] same Are there any questions or comments by any member of the committee for Miss. Harley? I mean this Holli[sp?] Hearing none is anyone from the public would like to come and oppose the Bill? Yes or a few will stand and be recognised please German [xx] the Corolina Federation od Dollar club, who role helps support bill is the right thing to do when many of our dog clubs have given dogs to police agencies in the past and this gives the opportunity and if you have the hammer when the dog gets old or the person gets old to retire they are yet to be together. We think this is a great bill and we thank you representative for bring it forward. Thank you sir representative Ford I believe now now is correct time. Move for a favor report of house bill 199 I think it goes to the floor often to that yes sir that is correct where we have a motion before senate to discuss about the committee before we vote hearing none all in favor say aye "aye" all oppose say nei and we thank you very much and thank you Representative Holding. Next item on the agenda is House Bill 204 [xx] quick take in the domain representing about representing a value, we have a full circle. Thanks Mr. Chairman, there's a pass out that may or may not get around in time, but what this is, is a town Castle Beach trying to built a fire station right next to their town hall on country club drive. Castle Beach is located on Allan of Allen and is a group of condos next door call Allen rich villas and they order water for Allan. What is going here is they agree to swap the land 20, 000 square feet from the condos, and giving them 15, 000 square feet for part of which is ocean front to insert forward as well as a cheque of $11, 900 and they agreed right away to the condemnation and the only problem is they've got 174 honors that have to have a meeting of honors and most of them don't live there, it's a second home. So they have to have an annual meeting It was rear to ever get a con at an annual meeting, and set all they could serve and could take months and months to get the feedback and get the done, so this is a swap basically and also the town is closing the road that the H. O. A has been wanting to close for years as they are getting free people for one are getting all three of those money, those in front of property and closing that road before they the HOA and for the home owners in exchange for this property. Any questions, did you have anything else you wanted to say? That's fine, that was on answering the questions. Alright, are there any questions or comments by members of the board, representative Clay Wood. Representative Floyd, any other questions or comments by any member of the committee? Hearing none anybody from the public that would like to speak on this proposed bill? Hearing non, representative Clain, I believe that Nell is correct. Favorable report on house bill

204 we have a motion for a favor report, before any further discussions by the committee, before we vote, hearing now, all in favor say I, all opposing say nei, pass you now and thank you, I thank you Representative Howard. Thank you. Next on the agenda health bill 243, local modification and economic development well commissions Representative Wales, welcome sir, and the floor is yours. Thank you Mr chairman and the members of the committee. What this bill will do, it will why are the economic development board making county to increase it's membership from nine to 12, I would appreciate it just forward. Mr Chairman. Yes sir Mr. sense of that. At the appropriete time I would like to make a motion for favorable report. So, any questions or comments by any members of the committee? Hearing none is to any member of the public that works critical on the proposed bill. Hearing non- representative Seth, probably Neil is correct? Time sir Thanks you Mr, Chairman. I move in favour of the report, get the glasses in the wr place, for house bill 243, We have a motion before the favour report is discussed as before we vote, seeing none, all in favour say 'aye', all oposed say 'no'. Thank you very much Thank you Mr. Chairman, thank you members of the committee. Thanks you representative Howalett. Right item on t the agenda house bill 247, whole county local option sales tax representative Peers and Goodman floor is your gentlemen. there's no way forward. Excuse me, could you turn your mic up? Thank you sir.  I get you. I get it.  Okay. Thank you. Whole county is a growing community community that works great with the full fort bragg military friendly community. It's really growing This is a great opportunity. It has been approved by the County Commissioners and the school board asking for a referendum to move forward with this text increased will benefit the community Mr chair Representative Gulf   Thank you Mr. Chair there are members of the committee, the whole county is maybe the fastest growing county in the North Carolina around the school system musci capacity and they anticipate by 2020 that they will have an 8th full this for 1500 additional students and this is very critical for them and so we ask for your support. Any question a coomment by any member of the committee. Representatitve Official. Thank Mr. Chairman a question for the bills sponsors either one, I haven't seen it in the bill yet, but do you know when this referendum will take place? Yes, Sir. The fall that will be November, the next election cycle Thank you. T Hat will be on the dead level, not the but just the to count V, might be on the municiple, thank you. Any other quetion or comment by the committee? saying none as any member of the public who would like to soeak on proposed bill, seeing none do I motion represent the floor. Move for a favour report house billl 247 the facility referral, the finance. It is a motion before us, any further discussion before we vote. Here in all of favor say, "Aye" "Aye. " Oppose say, "No. " Thank you very much. 279 the Wake city local board of equalization and review, Representative Cleveland makes the motion that we have the PCS property be forced, all in favour say 'aye', all opose 'no'. PCS is propery to force, Represenstative Cleveland the floor is yours sir. Thank you Mr. Chairman, is the mike on? Yeah Okay. Well, as most of you probably know each county has a board of equalization review and in the years that you have the property tax reevaluations and the property would appeal to those board of review why they think they've ben evaluated on the tax reliability and Wake County has requested this Bill. And so they would still have a board of equalization review, but this bill would allow there be able to split it into two panels so they can meet independently of one another. Each panel will have the power of the whole board. Traditionally in Wake County, former county commissioners serve on that board. They called me one time and said, don't you want to make $30 an hour to serve on that board? I said, I'll pay you $30 an hour to not serve on that board.

But anyway that's basically it. Questions? Are there any questions or comments by any member of the committee? Representative Floyd. At the appropriate time, Mr. Chair, I'd like to ask the bill sponsor to a question.   Yes sir. I don't have the bill with my [xx] it had in there. It will have 18 years of age and then must be a property owner? Okay, yes. Can I answer? Yes sir. Yes, we took that out because the bill drafting thought that was unconstitutional the other questions or comments by any member of the committee? Any member of the public who would like to speak on this proposed bill? Seeing none, do I hear a motion? Move for a favorable report. There is a motion before us for favorable report, any discussion by the committee before we vote? Seeing none all in favor say I, all oppose say no. That passes it. Thank you representative Burlington. Last time on the agenda is house bill 263, city of Trinity terms of election, representative Harley, welcome, and the floor is yours and I do understand that representative Watford, are you going to be proposing an amendment? Yes I am [xx] May be we need to take the ammendment first I was going to ask, it's your choice. Would you like to go ahead, bring forth your amendment? I T's being phased out now, what it does is if it stays with a reduction of the council size, and one member per ward and mayor elected at large, as you say it further make it subject to public referundum that this fall on November 3rd in [xx] take effect in 2017 so let the people receive you trained to decised, and then take a break in 2007-10. Thank you Mr. Chair, I ask you to repeat this ammendment please I'm sorry. I asked to defete this amendment please. Defeat, or there is any discussion by the a committee concerning the ammendments? Mr. Chairman. Yes sir Mr. Lukie. Thank you and thank you Represenatative Harry for discussing the bill with me yesterday and we sort conversation, today in my position, we have been friends for a long time and I appreciate really our ability to speak so well with one another. I've the same concerns as Representative Wacfold, for me the two bill those that have passed the Senate or in the Senate, on our way to the House the one concerning the constitution of the Green's for a City Council and the one on the Green, and the reconstitution of the way categorical commissioners. Seems to me they're really wrong and the the bills sponsors did not meet with the City Council or really with the public hearing of any sort before introducing the bill. I think that especially under those circumstances a referendum is inappropriate. I think if I understand from representative Harry, it's similar in that, it felt this bill needed to go in without consultation with the City Council, and I just don't think that's right. We've talked about this I just think we need to hear from the voters and I know that representative FareCloth[sp?] in your city in high point sir I think you did have a referendum on your situation and so I'm agreeing with representative Ward Ford and I think so there's no confusion like last week, we better ask for a division. I would like to ask for division. That's fine. Yes I represent the clue. [xx] were met representative Holly do you want to respond to representative Luke's comment. If I may and I would like respond by the reasons I'm doing this and why a referendum if it should be allowed will destroy the city of Trinity, it all time call me. If you would like to come out, Okay. As most of you know I have never run a bill that is contraversing, but when you have so many people calling you, business people calling you and ask him what they can do. What can we do? And there is not much a citizen can do. So they said would you please, please do something. So I called the UNC, school government, and I talked with other people here to see what I could do. and I certainly didn't want to be here today doing this meeting. But when you see what has

happened to that City when it was the city of Vision, trinity used to be trinity, college became Duke University and it stopped being a City at that time. 18 years ago because of the squid situation there, they had Its about to have it become a City. And they decided on eight city councils and one Mayor. today is due late for the concil men and mayor. [xx] only has 70, the council men has over 25, 000 people, and one mayor that's around 12, 000 people, and one mayor and the rest of the towns there are six other ones out far and the mayor. The past few years years. The changes are made and I really think this council thinks they are doing what the people want. And they are doing what a few people want, not what the majority of the City Malls, and I hate to be appealed doing this. I have been begged to come to the counsel meetings, to try to keep peace, because they are not civil to one another. in the meetings. They curse and they yell and they, its just so much going on. They call each other liars in public. It has been already investigated one time of the Attorney General, for secret meetings and I have been calm as sitting member, saying they're still doing this, and telling them how to vote. They have allowed the, they're not paying the chambers of commerce anymore as part of economic endowed people. They quite giving in to the library, thy have a contract that's having to be redone right now for the sewer maintenance. There're so many things that are done. Right now, they had a grant, North Carolina PARTF parts in recreation grant for $500, 000, that was automatically one for one a match, well, they got it approved. the people value to it, they applied for it. They got, and they had the money saved, the 500, 000 saved and a new council came in, and they voted again, and the people said we want the park. They stopped everything in the park and turned back and the cash. Many people old and young, were upset about that, but they thought they did the right thing, and in their mind, I guess they did . They turned down a request from a business for expansion, and it was because they wanted to expand it. What they did if they were at shipping of local warrant to other countries, they were selling the ones they were shipping. They wouldn't allow that to happen right down to development what do we have to grow in here and find the bills. YMCA was in danger of lossing theirs but they tell that and the idea to agreed to do that, and the Sherrif they don't have a police department, our local sherrifs has a deputy and I have a contract with their sheriffs department and there in danger of losing that. I'm very much unamazed kind of represented here because my heart is broken  because of the way things have been done and are being done and I just want to read to you, I got several letters but I just want to read you one that explains I think the total situation. It is not my word and I din't know the people who write this.   Mr. Chair Yes sir. Before she get into that can I ask him a question please? Yes Representative Ford. How is the board relationship with the judge, with the state North Carolina as it reviews it's financial responsibility? Are they in good stand is what I'm asking you? I expect they are in good standing [xx] it has this way Representative Worfot, do you want to speak on the amendment? That I do Mr. Chairman. Just a second, we have people here will speak afterwards to the mayor and a couple of council here actually I'll get to them later, we're dealing with you right now, do you have anything that you'd like to say. This is a local building, I live next door to this I live in the same [xx] far district it serves for we say and the remember this is the local bill for me to, even though I don't represent Randolph County, a lot of

friends, a lot business associates through the years, everybody [xx] over there [xx] with the council [xx[ speaker this morning, just want to make those [xx] cases [xx] thank you, are there any members of the committee that have anything to say? the amendment Representative Fisher? Thank you Mr. Chairman, I just wanted to speak in support of the amendment, and I'll tell you why, and representative [xx] you and I are friends, like serious friends but the way you describe the situation there in Trinity makes me believe that with as many voices that has being worried about the problem it was Put to a referendum, those same voices and many more would get out to vote and express themselves about whether or not will get that to happen I really believe that this is a town that is active and engaged for the most part as many believes that this is the time that was and in days was again in of time all things that are happening currently and so I believe in totally what you are trying to do in terms of having your citizens heard I think what better way to have them heard than through a referendum on this and so I will support the amendment sir. Representative Farenthold there's a question, yes please I think we're all within Randall county yes it is. Reperestative Gluber[sp], Thank you Mr. Chairman I do nothing this is a good moment, we can sit here and say ' Aye' you want out the people vote putting on something such as this but if everything I have gotton from what is going on from the trinity, that is not going o solve the proble. Representative [xx] with promises that is not were locals issues were kind of thrown out to be chewed on by the pubic and want to device of the listed bills, and that's exactly what willl happen here I think we should defeat this amendment. I don't know exactly what is goin gon there, this are the things that seen and commended my office, I think [xx] is on the right track, thank you. Thank you representative [xx], Thank you I do need to mention that  Excuse me Representative Harley, representative Blur. I'm sorry. If the lady has a comment she want's to make out I'll wait until 16. Towards the end everybody will OK, two questions I could ask Representative Harley, Miss Chair Yes, Sir  Well, the first is and I think I've gathered from everything that's said but the town fraternity falls within your district and you are the only member in the legislate, you are in the house that representatives County down from that grade, that's true. Thank you, another question Mr. Chair. Yes sir.  If this amendment would have passed the issues that you raise and your attempts to try to address those, I guess in effect will be delayed by two years because this would happen if we put on the ballot and then it would be another two years before the board would stop change to make if it's worth a pass. Ultimately you are delaying what you are attempting to do for a town in your district. Correct. Representative Harley, did you want to respond to anything that Representative Fisher, Faircloth, Cleveland or Burr. As again I hope that it is defeated, and I hope you all listen. And I want to mention a couple of more things and there are other people here. Is this relevant to the amendment? I guess it helps. It tells more what is going on right now so that they can understand. Is this relevant to the amendment? Yes, I'd say it is. Representative Graham. Thank you, Mr Chair. I just want to state that we need to think about what we are going to do on this particular issue because we are going to be facing another issue later today that deals with local governments and taking the authority away from those local elected officials. I think that when you have a city council that's elected or board of county commissioners and you know of local issue that those individuals ought to be able to say because they were elected by the people to carry those ideals forward. Keep in mind there`s another issue, very important that is going to be voted on today, I think, in our session. Thank you, representative Harry, Do you want to respond to representative Ryan, yes right now there are three appointed members because the mayor resigned and then another council member resigned and

so there are three appointed member's right name. I couldn't do a special election to change that, so he went to School of Government and others suggested and I stamp, like suggested this and also, and it took me off the [xx] Yes Madam I can`t, I was in the council meeting and I have been in this ever meeting and then each time I have been and I was asked to come because they said it change delivery nice one, And so I went and there was a little African American lady outside and I said why are you here? and she said  because of my law, she said when it rains, I can't even get out of the streets. And I said well, nothing they have [xx] so be happy with that what there some monitorium on the main streets, and the y are going to making dollar in turn of those that they are not using to help citizens, they have aslo got a monitorium in the street light and two years down the road, I mean I don't know pushing it down the road, and this is the letter that I wanted to read to you, from constituents that I do not know.  Is this relevant to their member? Yes. Okay, please proceed. These council members in the beginning of their terms have not had the City's interest at heart, rather, they have ignored pleas from residents asking them to repair orphan raves, turned down contractors requesting to be in new homes, table matters that needed the media attention, [xx] library [xx] residence, help restoring the street lights, approved by the former city council leaving some residents in the streets and as for the others received them in the neighborhoods and then most of all, of course invited against debating [xx] which they. Ordinances are not business-friendly personal agendas [xx] and that's my, I had asked you to please defeate this amendment and hopefully leave for the bill but I ask you to leave from this debate to this amendment please, so that this [xx] can be a city but it can be because it's in the middle of everything its gonna be a amendment is I quit the question towards what I would call the demensherable head shakers in the back of the room, which I assume is a trinity city council, I will ask the chair to advice them that this is a simple yes or no question. Not a soliloquay, are they in favour or opposed? Then make sure I ain't ask any yes or no fashion, all in the favour of the amendment person, yes or no all one in it. Because there is one representative from the [xx] is here, that wiiling to state your name. Let's do it quickly please you need to press the button, OK, there we go, thank you. Thank you, Mr. Speaker, I am Jesse Hill, mayor of the city yes sir, are you in favor or are you against the amendment? We are totally against what she`s trying to raise. That's not my question sir, my question sir as the coucil of for or give the ammendments as being proposed, representative Wolfer, Yeah, we're for. We are for here as he mean Thank you sir, Ok. Any other questions or comments by the committee before we vote on the ammendment? I'm not aware of a motion before concerning a memo, would you like to make a motion representative [xx]? Thank you sir, I'd like the motion to approve the memo submitted by me this morning. we have a motion before us that the amendment be passed. Any further discussion before we vote? Hearing none, division has been called by Rep. Luebke. All in favor of the amendment please raise your hand. All those who are not in favor of the amendment please raise your hand. The amendment fails by vote of nine to eight. Moving on to the bill, is there any other discussion by the committee concerning the bill? Yes sir Rep. Boles. At the appropriate time, make a favorable report.

Thank you, sir are there any other questions or comments? Represenattive Lukie. I would just like if the city would have enough opportunity to respond to representative I got to that point yes. That's where I'm taking and I will allow him to speak Thank you.   Thank you sir [xx] Is there any other questions and comments by the committee, [xx] hearing now is he in I'm sorry representative James isn't. I'd like you to listen, you're intentionally ignoring me. To me there's a difference here in other bills that we're currently discussing in this building. I'm going to be accused of being a hypocrite later, by other people because of my stand on two other bills that may come up on this house, I acknowledge that, but to me the research I have done what I've heard from Mrs. Harley, the reactions I've got from email [xx] residents, this is different than trying and you create a political situation. This is trying to solve a real life problem, and at some point we do have a responsibility to solve real problems that create at the local government level and this is not us trying to redraw lines for any advantage. This is us trying to make sure that the city runs effectively, efficiently, fairly for all its citizens and outside of any elected official and trinity, every comment I've gotten from everyone has been that has not been the case as such I fully support your bill Thank you. Any other question to comment by any committee member? Here tonight is anyone one from the public who would like to speak on this proposed bill is so if you come to the microphone and identify yourself and we'd be glad to hear what you have to say. My name is Tommy Janson, and I reside in the city of Trinity, and I support Pat's bill. Thank you, sir. Is there anyone else from the public who would like to speak? Thank you, ladies and gentlemen. I'm Brian Lambert former council member. I've served on Trinity City Council for 12 years I was one of those that resigned. I called the legislation and the local government asking about, meetings that were going on illegally. I was told they were against the law. These are admitted to in council, and I couldn't understand, because when I drive down the road and get a ticket I suffered consequences for it. I talked to the attorney general, I talked to [xx] in front of 500 people, and yes it's against the law that has been admitted on tape, and on our records that meetings went on that were illegal, no public notice or anything. I served for 12 years running opposed and defeated those opponents, I resigned because I could not stand what was going on, I was raised that you're not a part of something that's wrong. It's wrong I'm sorry, I know there's those of you that want to defeat this, but I've never quit anything, football, baseball or anything in my life. But I was aggravated of the way things were going on and are still going on. This is not right. When you have a petition signed by more members that said that the council said we will honor what the petition says for that part. We had more people to sign that was in favor of it. I can back every bit of my stuff up, I've got it, and they, without discussion voted it down after they said they would. And there was more people there. I'm not a public speaker, but I want you to know that this is wrong. Thank you for your support. This is wrong and this shouldn't be happening. I would like to see five people take care of this. We've got too many people meeting behind closed doors and getting people to do thing that citizens do not want. Pat, thank you for what you've done. I love Trinity, I have been there all my life and it's a great place to live. But when you turn down development that will help pay for your infrastructure just because you don't want it would approve for it would zone for it and turn down. Why those people did not sue I have no idea bit if I had been that developer I would be aiming at every requirement and change the things that he wants. Again, thank you patron for standing up for what you believe is right, what I believe it's right but I couldn't just stand to be a part of something that's wrong the vulgar the [xx] that went on people treated so badly that they left in tears. thank you again [xx] thank you sir is there anyone else from the public who would like to speak on this issue? saying none, is there

any member of the committee who would like to make a motion? I believe representative [xx] I already made, time is running fst. You've made a motion for [xx] before I asked [xx] and refer to [xx] someone who wants to [xx] or you already called for the motion Mr. Chairman I had asked if anybody else wanted to speak and no one came forth but expressed of the [xx] could you just identify yourself please and we welcome to hear what you have to say thank you very much Mr. Speaker, I don't know really where to start we also have [xx] okay thank you sir, yes sir I have two of our council witnesses, they have said things here today that are absolutely untrue, starting with the gentleman that just spoke all the way to to the lady that introduced this bill. This is not happening in the city of trinity, I have lived there since 1957 operated a business there for 38 years and I was a radio announcer for 25 years in that area people know me, I don't put up with that, we have not heard any cursing in the meetings, as she said, we have not had any of that they've not being any secret meetings we can back all of this up, we're trying our best to run the city like it needs to be, every everything that she mentioned,  everything that the gentleman before me mentioned, was totally untrue. He decided to resign because he just barely made reelection by three votes I believe it was and he ha things that were not going the way he wanted to and that was his porogative to do it. But what he is saying this are false accusations we have not had any of that in the city Trinity, I was told about this action by a telephone call from the news and recording Reignberg. No one has ever approached any member of council, myself as Mayor, the city manager or any party. We were not aware of this. They were so unprofessional I'm very sorry that it happened like that, but we've got to go forward in trying to help, our main desire is to help the people of the cityof Trinity. I have never had one caller to call me since been mayor and since I was on city council to tell me what she had just said. These are untrue accusations, that's the only thing I know to tell you, and we're trying our best. The citizens decided in 1997 that we would have two council people from each ward. That's what we have today, and that's we why we want to continue with. We want to do what the people, the citizens of Trinity, are asking us to do, and we're doing our best to do that. We're not doing anything that she had just mentioned. I was just absolutely blown away when I heard her remarks, and I'm sorry that I had to say that because I respect her in every way. She has only been in probably two meetings since I have been there. She does not come and that's just the way it is. Thank you for your time, sir. We have two other council members with us here today. They'll be glad to speak to you if you would like thank you. I appreciate that. We have 10 minutes, and I intend to take the vote on this. Are there any other members of the committee that have questions or comments that they would like to make before we vote on the motion? Yes, sir. Rep. Watford. Just real quick. Not up or down, right or wrong, all I'm saying is we are able on our senior served on local government, most of us did. This is going the wrong way. I believe in letting the people decide these kinds of issues, even if it takes a little bit of time. It's nothing but time. This totally politically motivated even though doesn't seem like it for Representative Jeter, but that's the point that I 'm making. I'm not trying to make any decisions on what's right or wrong. I just say let the people decide. If we don't, we're setting a precedent that's going to be hard for us to live with in the future, thank you. I stand correct. We need to recess at 15 till since we have a session 11. Any other discussion by the committee? Hearing none, all in favor of the motion? our division has been called, all those in favor of the motion for favor and will report, please raise your hand. All those who are not

in favor of the favor report, please raise your hand. The motion for favor report repairses 13-4. Thank you all for coming today, this meeting is adjourned. Thank you.