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Tuesday, November 4, 2008

Newsletter about the City Council meeting of November 4, 2008

This newsletter is about the Hickory City Council meeting that I attended this past week. City council meetings are held on the first and third Tuesdays of each Month in the Council Chambers of the Julian Whitener building.

At the bottom right of this page under main information links is a Hickory, NC link. If you click on that link, it takes you to our city’s website, at the bottom of the page you will see the future dates for meetings scheduled for this year.

At the top of the page, if you click on the “Documents” link, you will find historic Agenda and Minutes links. Agendas show what is on the docket for the meeting of that date. The Minutes is an actual summary of the proceedings of the meeting of that date.

Here is a summary of the agenda of the 11/4/2008 meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below.

The Invocation was made by Rev. Cindy Jordan of Catawba Valley Medical Center.

Council Reaffirmed and Ratified Second Readings of the agenda voted on at the last meeting.

Consent Agenda includes making 10/17/2008 Bobby Boyd Day, 11/15/2008 is proclaimed "Welcome Home Vietnam/Southeast Asia Veterans Day."

The council approved the Community Relations Council Grant for Fall 2008, the cost is $2,750.00. The council approved a downtown appearance grant of $5,000 for Abacus Investments, LLC for property located at 313 4th st SW.

The the Hickory Downtown Development Association and the City of Hickory will use Union Square for the “Hickory Christmas Lighting Celebration in Downtown Hickory” on November 21, 2008 From 3:30pm - 8:30pm and for “A Hickory Holiday” Event on December 4, 11, & 18, 2008 From 3pm – 9:00pm.

Approved Submission of 2009 Urgent Repair Program Application for Funding to the NC Housing Finance Agency. The City will apply for $75,000.00 through this program to assist a minimum of 18 eligible homes with urgently needed repairs in an amount not to exceed $5,000.00 per housing unit and will provide $37,500.00 in matching funds, available from Rental Rehabilitation program income. An application fee of $50 is required by the NC Housing Finance Agency.

Approved Proposed Consent Agreement and Settlement from the NC Department of Environmental Resources. On 8/13/2008 the NC Department of Environment and Natural Resources Division of Waste Management, Solid Waste Section issued a compliance Order with Administrative Penalty against the City of Hickory for allegedly discharging leachate, i.e. liquid emanating from waste containers, solid waste trailers, etc. into the storm water system on June 19 and July 9, 2008. The City resolved both problems and reworked the storm drain at the transfer station so it now flows directly into the waste water system and can be treated. The City was initially assessed a penalty of $13,265.96 and City staff negotiated with NCDENR officials, in conjunction with making the repairs shown above, to settle the matter for a reduced penalty of $9,640.00. The proposed agreement is the City’s best means for resolving the matter.
Budget Ordinances totalled $175,143 for Library donations, insurance claims, and of that total $171,910 of General Fund Balance is going toward the contract to pay the contract for the company Studio Cascade to Rework the "Hickory By Choice" Development Plan.

Informational Item - Report of Mayor Wright’s Travel to Rome, GA from October 26 – 28, 2008 to attend the 2008 Inter-City Visit cost $1,019.50.

New Business:
1) Voluntary Annexation of the Property of Lewis Ray Wagner Heirs
Located at 3630 Section House Road (20.99 acres). The annexation has been requested for the property to be developed for the location of a residential subdivision and in order to obtain city services. Currently, it will generate $814.00 tax revenues. Once the property is developed, the tax value and subsequent revenues would increase. It was mentioned during the presentation that 60 units maximum could go on the property. The council unanimously approved this annexation.

2) Resolution and Order Closing a Portion of 2nd Avenue Court, SW as Requested by Dennis and Merlin Detweiler. On August 27, 2008 a petition on behalf of property owners was submitted to abandon a portion of this right of way, which is no longer necessary for public use. It has been recommended by staff that the City retain a 25’ easement for any existing water and sewer utilities. The council unanimously approved this resolution.

3) Approval of Resolution Supporting Urban Progress Zone Designation within the City of Hickory. In July, 2006 the NC General Assembly passed legislation for the creation of a new tax credit program called Article 3J Credits. This program provides three types of tax credits to eligible taxpayers that undertake qualifying activities in North Carolina. The tax credits are used to attract and foster certain types of businesses in North Carolina. These credits may be combined to offset up to 50% of the taxpayer’s state income and franchise tax liability; and unused credits may be carried forward for up to five years. This resolution must be recertified each year.The council unanimously approved this resolution.

Departmental Reports :
Approved Contract with Studio Cascade, Inc. for Planning Services Regarding Hickory by Choice and Land Development Code Revisions in an Amount Not to Exceed $171,910.00.

Both Hickory by Choice and the Land Development Code are nearly a decade old and there has been demographic, land use and economic changes since the original document adoptions. On September 2, 2008 during a Special Meeting the issue was discussed during a special council session. After this meeting Studio Cascade, Inc. was chosen.

Also, an Advisory Committee is to be established by appointment of two appointees by each Council Member and four appointees by the Mayor; said appointees need not be from districts. the council unanimously approved the contract.

Councilor Lail stated that this was a very expensive proposition and that he wants to get full value out of this. Hopeful that we will get great results. He not only wants vision, but wants deliverables. Mayor Wright said that they should where buttons when they meet these people that says "No Extra Charges."

The Hounds View: There were 2 groups that made presentations at the September 2 special session of council. Praise God, that in my estimation the council chose the right organization to solve our (Lack of) Development problem.
A question that I would like to see addressed is the effects of code on commerce. How will this "Plan Designing Company" work to build in a positive structure with regard to the interconnectivity between neighborhoods and businesses in Hickory?

All to often I see neighborhoods pitted against businesses, with the mentality of not in my backyard. Examples of this would be the Lowe's Home Improvement battle, the Zagaroli project at the former Someplace Else, and Zagaroli's proposed project on N127 on the Whisnant Farm Property. There are going to always be challenges when then city is as densely populated as we are. How can we get neighborhoods to be more acceptive of businesses?

I am really happy about this idea of a citizen team being put together as a sort of liason in the fostering of ideas. There are many ideas that need to be brought together to create the positive vision that we need moving forward into the future.

Issues brought up about the reworking of our Development code according to Studio Cascade were 1)Access vs Mobility, 2)Land Use vs Function, 3) anticipating Growth. In 1999 the Development Designers seemed to be looking at development based on a paradigm of 1999, when they should have been looking at 2020 or 2030. They will tell you that they were looking down the road, but it is more than obvious that they weren't.

This plan is going to have to be open, flexible, and adaptable moving into the long term future. Paraphrasing what Coucilman Meisner said at the earlier meeting , "The new plan should deal with brevity. Businesses need simplicity and certainty."

When you create a 400 page thoroughly structured document as our plan is now, then you stifle the city's ability to live and breathe. It's like chaining a dog on a short leash.

Recognition of Persons Requesting to be heard - Eric Wendt of 367 4th st NW wished to address the council regarding City mismanagement. City Manager Berry stated that the man's issue had been solved regarding leaf pick-up and debris and he wasn't there to address the council.

The mayor stated at this time that people who request to speak are entitled by law to speak. He asks that they hold their comments to 3 minutes. People that desire to speak as a result of something that happens during the meeting, by vote of the council they can approve or disapprove a request to speak... As a matter of policy they try to give everyone a chance to speak.

Councilman Lail let the Mayor and Council know that, "with regard and respect to policies and procedures regarding a request to speak during a meeting, It is my (his) recollection that the state law on the matter had changed and that..."

Attorney Crone stepped in and said, "the matter has (had) been addressed some time ago and (council) enacted a policy that gives people the right to speak in a public hearing."

Councilman Lail stated "regardless of vote of council" and Atty Crone stated "Yes." Mayor Wright stated "that was what they intended to do anyway." The Mayor asked about any Matters not on the Agenda and then congratulated Council Lady Hoyle on an Award she is to receive in Orlando. The council subsequently went into closed session.

The Hound Strongly Believes: Hmmm...If I didn't know better, I would swear that the Mayor was addressing my address of the Council on the Jeanette Wester nuisance hearing at the last meeting.

Mr. Mayor, I believe as long as I (or anyone else) am respectful toward the council that I should be given the right to address you. If you will recall in this quasi-judicial hearing there was no way for the public to address the situation -- speaking for or against the proposed remedy. That is the reason I had to address the council at the end of the meeting.

As representatives of the people, the council needs to realize that they serve at the public's pleasure. In my opinion, anyone that feels otherwise should resign from office. I respect the office of the leaders of this community, but when I believe they are off base I will step forward to address the situation and believe that others should do so also.

I believe that the above is one reason why we get so little participation in local government. This shows another way that you seem to feel that you can arbitrarily accept or dismiss a member of the public. This time if you decide you don't think you are going to like what they have to say, then you are going to try to vote to shut them up.

Thank You Councilman Brad Lail for stepping up and being a voice for open government. Thank You Attorney John Crone for stepping up and affirming this right. Mayor Wright do you not understand how contentious that type of situation could become?

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