Annexation hearing draws a crowd

More than 200 people attended the June 13 public hearing on annexation held by a subcommittee of the House Rules Committee. The hearing, which was held to receive comments on a bill to authorize another study of annexation authority, was a forum for supporters and opponents of city-initiated annexations.

Supporters pointed out that annexation is a tool to manage growth, provide urban services in an efficient manner, and ensure that municipalities remain economically strong. Many pointed to the role of cities as economic engines for their regions and said annexation aided in the effort to keep taxes low, services strong and the environment safe.

Annexation opponents claimed that some cities and towns do not provide municipal services as required by law after an annexation and that annexation is not an effort to manage growth but merely a revenue grab. Other speakers asked that property owners be allowed to vote on whether to be annexed into a municipality. Other comments alleged that some cities and towns deliberately refused to annex minority communities.

The committee substitute for HB 86 – Study Municipal Annexation remains in the House Rules Committee. NCLM Executive Director Ellis Hankins said at the public hearing that the League does not believe that the issue needs to be studied again, but if a study is authorized, the League will cooperate fully and completely.

We thank the following individuals who spoke in favor of municipal annexation authority at the hearing, as well as those who provided written comments or attended the hearing: Mayor Steven Smith, Pinehurst; Mayor Richard Thomas, Lexington; Mayor Robert Partin, Scotland Neck, NCLM President; Mayor Charles Meeker, Raleigh; Ms. Gayle Anderson, Winston-Salem Chamber of Commerce; Stan Norwalk, private citizen, Cary; Mayor Calvin Gaddy, New London; John Cox, Concord/Cabarrus Chamber of Commerce; Mayor Darryl Moss, Creedmoor; Terry Derner, Concord Planning Commission; Council Member Laura Padgett, Wilmington; Jonathan Howes, Chapel Hill (former mayor, past NCLM president, former DENR secretary); David Godschalk, UNC-Chapel Hill (former Chapel Hill town council member); Stewart Rumley, Washington (former mayor, past NCLM president); Mayor Keith Holliday, Greensboro; Ms. Murphy Sullivan, Charlotte Chamber of Commerce; Council Member Nancy Carter, Charlotte; Bill Coleman, manager, Cary; Drew Moretz, Greater Raleigh Chamber of Commerce.

Need contacts on the No Competition bill

Please call your House members to voice your opposition to the “No Competition Bill,” also known as HB 1517 – Local Government Fair Competition Act.

This bill, heavily backed by the telecommunications industry, is intended to discourage competition from local government in provision of communications services, such as broadband internet. Last session, these same folks pushed for and won statewide franchising of video services last session, claiming that it was necessary to open up competition. Now, a year later, they want to stifle competition.

The bill places significant roadblocks and restrictions on any local government that wants to provide communications services to its citizens. Access to high-speed broadband service is critical for the future economic development of our state. The industry is not required to build out, or serve an entire community, and they have made it clear that they have no intention of investing in some rural and distressed urban areas. Local governments want to step up to the plate and provide services to their entire communities.

The League strongly opposes HB 1587 because it seeks to undermine local authority to undertake enterprise activities and provide services to the citizens. This authority has been upheld by the courts and, as a matter of public policy, should be allowed to continue.

The bill is currently in House Finance. It is important to contact all of your House members as soon as possible.

Gang prevention

A subcommittee of House Judiciary III met this week to consider HB 274 – Street Gang Prevention Act. The bill would create new gang-related criminal offenses, target gang leaders and organizers, and enhance the penalties for certain existing crimes if committed as part of gang activity. It would appropriate funds for gang violence prevention and intervention grants and funds towards creating a statewide gang member database similar to the Gang Net program that is being used successfully in Durham and some other urban areas. The subcommittee heard from New Bern Police Chief Frank Palombo and Durham County Assistant District Attorney Stormy Ellis.

Securing additional tools to deal with the growing gang problem in our state is a priority this session for the League and the Metropolitan Coalition. Legislators need to hear from you regarding this issue and the impacts you are seeing in your community. They need to know that this is not just a concern for larger urban areas but is also affecting small towns and more rural communities.

Hazardous waste

The Senate approved legislation this week to implement recommendations from a task force formed in the wake of a chemical storage facility fire last year in Apex. NCLM Executive Director Ellis Hankins was a member of the task force.

HB 36 – Haz. Materials Task Force Recommendations, requires additional monitoring and more frequent inspections of commercial facilities that store hazardous waste. They would be required to provide financial assurance for cleanup in the event of a release, consult with local governments as to emergency response plans, notify nearby property owners, and provide information about the types of chemicals in storage. The bill states that local zoning or land use ordinances are presumed to be valid and enforceable to the extent that they impose requirements, restrictions, or conditions that are generally applicable to development (such as setback, buffer, and stormwater requirements), unless the DENR Secretary makes a finding of fact to the contrary. It also clarifies that municipal 911 and reverse 911 data is confidential and not a public record.

The version that passed the Senate is slightly different from the House version, so the bill must return to the House for a vote on whether to concur in the Senate changes.

Mountain slope construction

The House Environment committee will discuss HB 1756 - Safe Artificial Slope Construction Act on Tuesday of next week. The bill, sponsored by Reps. Ray Rapp, Phil Haire and Susan Fisher, would require local governments to regulate site planning, design and construction of artificial slopes in mountainous areas. Minimum management requirements would be established by the Sedimentation Control Commission and administered and enforced by local governments in any area located on a mountain face or steep hillside that has a slope of 25% or greater, or is designated with a slide hazard ranking of “moderate” or “high” on a stability index map prepared by the North Carolina Geological Survey. The bill further requires sellers of property to disclose whether it is located in a landslide hazard area.

The League will be following the bill closely and working to determine its impact. Please provide us with your comments and concerns.

Radio antennas/cell towers

We have had a few inquiries about HB 1340 – Amateur Radio Antennas, sponsored by Reps. Danny McComas and Nelson Dollar. The bill requires that any ordinance regulating the placement, screening, or height of amateur radio antennas must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the ordinance. Ordinances may not restrict such antennas to heights of 90 feet or less unless the restriction is necessary to achieve a clearly defined health, safety, or aesthetic objective.

We understand that the bill is intended to codify in state law the federal standard. Federal Communications Commission rules already provide that state or local regulation of a station antenna structure must reasonably accommodate amateur communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose. The League does not object to the legislation as currently written.

Contrast this bill with SB 831 – Wireless Telecommunications Facilities, which the League opposes. SB 831 would severely limit the authority of municipalities and counties to regulate the size, location, and design of cell towers and other wireless facilities, even in residential areas. Such authority was specifically provided to local governments in federal law and the bill would largely preempt it. We continue to have discussions with industry representatives, and we believe we are making some progress.

Local control of smoking

A bill authorizing local governments to regulate smoking in buildings they own or lease and in public transportation vehicles is scheduled to be heard in Senate Commerce next week. HB 24 – Smoking in State Govt. Buildings/Prohibition would alleviate restrictions on local authority that are currently in state statute, which essentially prevent local governments from declaring their own buildings and vehicles “smoke-free.” The League supports this legislation.

Following are some of the bills that were introduced or acted upon this week. If you need a copy of these or any other bills, please contact the Legislative Printed Bills Office at 919-733-5648 or the League office. Remember that bills and legislative calendars are now available on the Internet at http://www.ncleg.net. Please contact the League staff if you have any particular interest or concern regarding any piece of legislation.

General Government

Bill: HB 700 – Standards for Code-Enforcement Officials
Sponsors: Glazier (D45)
Status: Passed Senate
Requires Code Officials Qualifications Board to issue one or more standard certificates to each code-enforcement official demonstrating the qualifications. Standard certificates are to be available for each of the following types of qualified code-enforcement officials: building inspector; electrical inspector; mechanical inspector; plumbing inspector; fire inspector. The holder of the certificate may practice code enforcement only within the inspection area and level described upon the certificate. An official may qualify and hold one or more certificates.

Bill: HB 824 – Improve Gender Equity Reporting Statute
Sponsors: Insko (D56)
Status: Senate Calendar for 6/18/07
Amends G.S. 143-157.1 regarding reports of the gender of appointees to public bodies. Clarifies local government obligation by specifying those boards or commissions for which cities and counties must report.

Bill: SB 492 – Political Subdivisions/Contracts Exemption
Sponsors: Cowell (D16)
Status: Presented to the Governor
Exempts political subdivisions from the laws regulating public contracts when purchasing from contracts established by the federal government.

Local Bills

Bill: HB 827 – Wake Forest/Cary Historic Structures
Sponsors: Weiss (D35); Dollar (R36); Avila (R40); Harrell, T. (D41)
Status: SL 2007-66
Allows the Towns of Cary and Wake Forest to adopt ordinances regulating demolition of historic structures in their historic districts.

Bill: HB 868 – Honor Broadway’s Centennial
Sponsors: Love (D51)
Status: Res. 2007-39
Honors the founders of the Town of Broadway on the town's centennial anniversary.

Public Safety

Bill: HB 1231 – Certain Law Officers/Waive Handgun Permit
Sponsors: Gibson (D69); Daughtridge (R25)
Status: Senate Judiciary I
Exempts from concealed handgun permit requirement law enforcement officers and qualified retired law enforcement officers authorized by federal law to carry a concealed handgun. Allows qualified retired law enforcement officer to apply to the N.C. Criminal Justice Education and Training Standards Commission for certification in lieu of obtaining a permit.

Bill: HB 1321 – Weight and Size Exemption for Fire Response
Sponsors: Clary (R110); Moore (R111)
Status: Senate Transportation
Exempts any state or local fire protection agency from the size and weight restrictions and DOT rules while actively engaged in an emergency response to a forest fire, wildfire, or any fire associated with a natural disaster.

Retirement

Bill: HB 328 – Flexible Payment/Law Enforcement Separation
Sponsors: Crawford (D32)
Status: SL 2007-69
Allows separation allowances for law enforcement officers to be paid beginning in the month the officer retires instead of on the last day of the month the officer retires. Directs allowances to be paid in equal installments on the employer’s payroll frequency instead of in 12 equal installments on the last day of each month.
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Looking to 2008 – Municipal Legislative Policy Proposals

Please Submit Your Ideas Now

The League Conference will be held on October 14-16, 2007 in Fayetteville . The annual business meeting will be held on October 16, and in that meeting the membership will consider any changes to the advocacy agenda or core principles for 2008. In accordance with the League Bylaws, proposals from the membership must be submitted to the League at least 90 days in advance of the annual meeting.

Policy proposals should be sent to the League office as soon as possible, but no later than July 18, 2007. This is your policy process—please give this thoughtful consideration and participate so that the League speaks for you . These proposals will be forwarded to one of the League legislative action committees. Committee recommendations will be considered by the League Board of Directors at its August 14 meeting. Copies of the advocacy agenda and core principles recommended by the Board will be sent to all member municipalities at least 60 days before the annual meeting.

Proposals that have not been approved by the Board can be considered by the policy committees later, but will not be considered at the annual meeting, except upon the favorable vote of 3/4 of the member municipalities present and voting, pursuant to the League Bylaws. Following the annual meeting, we will inform the membership, legislators and other interested individuals and organizations about the approved advocacy agenda and core principles.