Newsletter about the City Council meeting of August 18, 2009

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's Local Government 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 8/18/2009 meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below.

Invocation by Rev. Susan Smith of Exodus Missionary Outreach

Special Presentations:
Report by Elizabeth Parham, Director of the North Carolina Main Street Program on the Third-Year Assessment of the City of Hickory’s Main Street Program - Ms. Parham met today with the Downtown Development Association Board and conducted a 3rd year assessment of Hickory's Main Street Program. Hickory received the designation in 2006. The Main Street program is an Economic development program within the context of Historical Preservation. The Main Street Program initiates a 4 point approach - It incorporates organizational initiatives; design, promotions, and economic restructuring. She stated that Hickory is doing very well in that. Hickory has developed a balanced plan and balanced approach. She said it important for the community to understand its economic drivers, have a vision, and have a component of downtown as a part of that vision. It's a public-private partnership.

75 communities in North Carolina have adopted the Mainstreet principles. More than 2,000 communities across the country have adopted the principles. There is a tremendous network available to help Hickory. There has been $2 million invested over the last year. For every dollar of public money invested, there was $15 in private money invested. $6.3 million has been invested in Hickory over the last 3 years. 42 jobs have been created over the last year. 56 jobs have been created over the last 3 years. 15 new businesses have been created over the last year. 18 new businesses have been created over the last 3 years. She stated that the State of North Carolina is our Partner and willing to help.

The Hound thinks we need to see some sunshine when it comes to the Main Street Program. If this is a true Public-Private partnership, then the public has the right to see how these numbers are procured. We deserve to know where the assessments like a 15 to 1 ratio of private to public monies is established, also are the job and business assessments just new proprietors? Or are these net-plus gains that factor in new business versus those that have gone out of business?

If these are net-plus gains then I would like to congratulate the DDA for making progress in trying times; but if this does not take into account businesses that have left downtown, then we aren't getting the entire picture. Would someone be willing to step up and answer this question, because it does have me curious.

Consent Agenda:
A. Hickory City Council’s FY 2008 - 09 Priorities and Action Plan End of Year Report - Each year Council adopts the City Council Priorities and Action Plan that is derived from the Annual Council-Staff Retreat and the City’s master plans and initiatives. These priorities and action plans are used throughout the year as a guide to ensure that City departments advocate the philosophy defined by City Council. Following the close of each fiscal year, staff reports to City Council the results of the Priority and Action Plan.

B. Approve Issuance of a Certificate of Necessity to Accent Limousine for Operation of Passenger Vehicles for Hire Accent Limousine has applied for a certificate for the use of three passenger vehicles for hire for the fiscal year of 2009-2010

C. Amendment To Traffic Ordinance By Reducing The Speed Limit From 35 Mph To 25 Mph Along 37th Ave NE From The Intersection With Falling Creek Rd To 37th Ave Dr. NE, 7th Ave Dr. NE From The Intersection With 37th Ave NE To The End, 36th Ave Cr. NE From The Intersection Of 9th St Dr. NE To End, 36th Ave Ct. From The Intersection With 10th St. Dr. NE To End, 10th St NE From The Intersection With 37th Ave NE To End, 11th St. NE From The Intersection Of 37th Ave Dr. NE To The Intersection With 38th Ave NE, 10th St Dr NE South From The Intersection With 37th Ave NE To End, 10th St Dr NE North From The Intersection With 37th Ave NE To End, 38th Ave NE North East From The Intersection With 11th St NE To End, 38th Ave NE North West From The Intersection Of 11th St NE ToEnd, 9th St Dr NE 980 Feet South From The Intersection Of 37th Ave NE, And 9th St Dr NE North From The Intersection Of 37th Ave NE To End Under the City’s Traffic Calming Program an application was received fro a speed limit reduction along the indicated streets above. Staff determined that a speed limit reduction from 35 mph to 25 mph would be acceptable, if the residents desired. The petition packages were received and were determined by Staff to be valid and met the 75% signature requirement.

Approval of Citizens’ Advisory Committee Recommendation for Assistance Through the City of Hickory’s Housing Programs The following applicants are being recommended for approval for assistance under the City of Hickory’s First-Time Homebuyers Assistance Loan Program:
Susannah L. Brown 4734 Braxton Gate Lane - Approved for up to $5,000.00
David A. Rockensuess 1022 7th Street, NE - Approved for up to $6,500.00

The following applicants are being recommended for approval for assistance under the City of Hickory’s Housing Rehabilitation Loan Program:
Kevin Ames 1523 10th Street Place, NW - Approved for up to $10,000.00
Charles Sanders & Angeline Geter 761 8th Avenue Court, SE - Approved for up to $ 5,000.00
Stefanie Fortuna & Jovan Hoover 428 3rd Avenue, SW - Increase Initial Loan to $8,000.00
Shirley Gray 744 7th Avenue, SE - Increase Initial Loan to $7,500.00
Lucille Peterson 245 6th Avenue, SW - Increase Initial Loan to $7,500.00
Dirk & Carolyn Thompson of 146 3rd Avenue, SE were recommended to subordinate City’s second mortgage to Community One Bank due to refinance of first mortgage.

Funds are budgeted for these items through the City of Hickory’s former Rental Rehabilitation Program income received in FY 2008 and/or Program income received through the City of Hickory’s Community Development Block Grant Program The Citizens’ Advisory Committee recommends approval.

Approval of Lease Agreement With T-Mobile South, LLC For Antenna Space on City of Hickory’s Water Tower and Ground Space for Communication Equipment Located at 1441 9th Avenue, NE - The Lease Agreement is with T-Mobile South, LLC to locate a cell phone antenna on the City’s water tower located at 1441 9th Avenue, NE along with ground space for additional communication equipment. T-Mobile currently has an antenna and ground equipment at this location. Triton PCS Property Company, LLC initially entered into a lease with the City on October 21, 1998 for a portion of this property, who subsequently assigned its rights to Suncom PCS, whereas T-Mobile acquired Suncom. The initial lease agreement with Triton/Suncom expired on October 20, 2008 and has been leased on a month-to-month basis with T-Mobile under the original lease terms. This is a new lease with TMobile for an initial five years with one additional five year extension. T-Mobile will pay $36,000.00 for the first year of the initial five year term with an annual increase of 3% each successive year. Site improvements are to be made by T-Mobile along with regular inspections of its antenna.

Consideration and Approval of Revenue Sharing Agreement With Catawba County for the Blackburn – Plateau Waterline Loop Project - The waterline loop in the southwestern part of Catawba County will serve a portion of Startown Road south of Maiden, Blackburn Bridge Road, Hickory/Lincolnton Highway, Grace Church Road, Plateau Road and Highway 127 South in the western end of Mountain View community. The project is designed to specifically serve a future county fire station on Plateau Road, citizens in southwestern Catawba County, to provide a redundant loop for water service to the Town of Maiden and the future Apple, Inc. site. Catawba County does not maintain a public water system or provide water service directly to citizens, therefore pursuant to Catawba County Code of Ordinances, Chapter 42, Division 2, Catawba County is to partner with municipalities to provide water service to unincorporated areas with the County funding all costs for infrastructure design, permitting and construction. Thereafter, the City of Hickory is to provide the operation, maintenance and management of those lines. Customers will be charged the outside rate for water. The revenues for the City are anticipated to grow to approximately $160,000.00 annually the first five years of operation.

Approve Contract with Clark and Associates, Inc. for Design/Project Administration - Services for Pier Crossing at Moose Club Pump Station for Cripple Creek Outfall Replacement Project in the Amount of $14,400.00 The existing pier crossing was part of the original construction of the Moose Club Pump Station when the wastewater treatment facility at Hilton Park was decommissioned. This crossing is an aerial crossing adjacent to Lake Hickory. The contract will provide engineering services and project administration services to replace the existing steel Ibeam utility pier crossing. The project will require construction of new piers to support the 24” ductile iron outfall line and removal and disposal of the existing piping and piers with replacement being at or near the same location and elevation. The contractor will be required to provide bypass pumping facilities to maintain wastewater service during construction. The project proposes the use of the existing 25’ utility easement. The City’s staff will approve all piers and the contractor will maintain all necessary erosion and sedimentation control devices. Staff recommends approval.

Proclamations - Honoring David Haas in Recognition of Being Inducted Into the South Atlantic League Hall of Fame for His Dedicated Service to the Sport of Baseball and Declaring August 21, 2009 as “David Haas Day” in the City of Hickory. Declaring the Week of September 17 – 23, 2009 as “Constitution Week” in the City of Hickory. Proclaiming September 6, 2009 as “Corinth Reformed Church Day” in the City of Hickory in Recognition of its 50th Anniversary

Approval to Allow the Use of Union Square Requested by the Hickory Downtown Development Association for Hickory Hops 2010 on Saturday, April 17. 2010

Budget Ordinance -
Budget $7,500 in General Fund Miscellaneous Revenue - Donations, and $2,500 in General Fund Contingency (City of Hickory’s contribution) for a total of $10,000 towards the 100th Annual North Carolina NAACP Convention to be held at the Hickory Metro Convention Center on October 8th – 10th. Staff requests second reading at the August 18, 2009 Council meeting. The Mayor's statement was that $2,500 would come from Hickory and $2,500 would come from Catawba County. The other money will come from private donors. We felt that was a good commitment to make in light of the economic benefits and the esteen with which we hold the African-American community. He enthusiastically endorses the request to give the $10,000 - Unanimous Consent

The Hound believes this is great to represent the tolerance of diversity in our town. I think most of us are accepting of different cultures and this can truly show that we do support the needs of the African-American community in this city. Besides, we can certainly use the economic benefits associated with this conference.

Informational Items:
Report of Alderwomen Hoyle’s Travel to the 2009 NBC-LEO Annual Summer Conference
in Hartford, CT From July 22 – July 26, 2009 - hotel - $578.92; airfare - $383.70; registration - $280.00; per diem - $ 94.25; mileage - $94.25; taxi and baggage fees - $118.00 = Total $1,548.22

Report of Mayor Wright’s Attendance at the 2nd Metro City/Chamber Dialogue in High Point, NC on August 5, 2009; mileage - $93.50 = Total $93.50

Report of Alderwomen Hoyle’s Travel to the NC Black Elected Municipal Officials 2009 Summer Conference in Winston Salem, NC From 7/7–9/2009; hotel - $191.68; registration - $125.00; per diem - $59.50; mileage - $77.00 = Total $453.18

New Business - Public Hearings:
Resolution and Order for Petition of Adrian and Arabela Balan to Close 1st Street
NW Between 36th and 37th Avenues, NW - Petitioners Adrian and Arabela Balan have officially withdrawn their petition pursuant to document “Withdrawal of Petition to Close Street” dated 8/12/2009. No public hearing will be held.

New Business - Departmental Reports:
Hickory Police Department’s First Year Report of the Code Enforcement Unit - Reed Baer made the presentation. came into existence last July. There are 3 code enforcement officers and 2 are certified by the state as building inspectors and they enforce housing issues in the city, as well as enforcing nuisance violations in the Northeast and Northwest. The third officer only enforces nuisance violations in the Southeast and southwest sections of the city. 95% of calls in the first year consist of overgrown grass and vegetation, trash, junk, junk cars, and minimum housing issues.

70% (899) of violations involved Grass and vegetation, 20% of (253) violations involved Junk Vehicles, and 10% (130) of violations involved Trash and Debris. Sergeant Baer showed examples of each issue. Example Junked and Abandoned Vehicles - Does not display a current license plate, parts dismantled or wrecked, cannot be self propeeld or moved in tghe manner in which it was originally intended, or more than 5 years old and worth less than $100. After the vehicle has been tagged and the owner has been notified, he has 7 days to comply with the code.

As far as minimum housing. Sgt. Baer showed examples of a building that had been brought up to code. If a property costs over 50% of its value to bring up to code, then it is considered dilapidated and the city mat seek demolition. Sgt. Baer shoed an example of a building that had been abandoned, where the bank brought it up to code by properly securing the property. Many of these properties weren't properly secured and had vagrants moving in and out of them.

Sgt. Baer said that the city is having to deal with properties that have had fire damage issues. These properties are unsecure and fragile. Between owners and insurance companies nothing is getting done. Code enforcement notifies owners of issues and tries to find out what is going on.

Any boarding of properties must be maintained by owners. Sgt. Baer said one issue that surprised him was the number of Electric Meter Bases that were left live. He said they immediately contact Duke Power and have the electricity shut off. Other issues were stagnant water and illegal dumping. As far as housing cases there were 128 houses that were cited, 25 were demolished and the Code Enforcement Unit went to City Council about 2 demolitions. Most of the houses were owner abated. That means that 18% of properties in violation were demolished and 82% were dealt with in another manner.

The Hound truly appreciated this presentation. It thoroughly showed what this issue is about and gave excellent examples of why code enforcement is necessary. It quelled many of my fears. I detest nuisance laws, but if they are being administered equally and fairly, then I can see the purpose. I just hope we never see code enforcement start going overboard in determining what will and won't be tolerated and I hope it is never used in an unethical manner.

As I stated, when one of the dilapidated properties was addressed at the June 2, 2009 meeting. We are going to see a lot more of the properties end up like this, because of the Housing Economy. It is all about people being under water on their mortgages. This exact scenario is playing out all over the country. When you lose your job and you're in the hole, then it is a lot easier to walk away from your obligation.

There is no easy solution to this problem. The banks are basically insolvent. Their cash is tied up and they cannot afford to take back these properties. They would drowned under such circumstances, if they took back every property that is in severely in arrears.


Adopt Ordinance Declaring Property Unfit for Human Occupation and Authorization to Remove or Demolish Structure Located at 606 1st Avenue, SE, Hickory - The structure located at 606 1st Avenue, SE, Hickory, was inspected by Code Enforcement Officer Kent Sigmon and determined the structure to be dilapidated; exceeding 50% of the tax value to repair, and also poses an imminent threat to health and human safety. This case opened on April 8, 2009 and the Order to Abate was issued on April 9, 2009. The property owner, Michael Dashawn Hooper indicated he has no intention of bringing the structure up to code and has failed to abate the violations within the allotted time. Officer Sigmon met with the owner on several occasions explaining the violations and abatement process. Also, Officer Sigmon sent numerous letters including June 26, 2009 explaining the City’s intention to abate the violations. A certified letter dated July 20, 2009 was sent to Mr. Moore notifying him that Council would consider the ordinance to demolish the property on August 18, 2009 per General Statute and City Code. This structure is unoccupied and is creating a blight in the neighborhood along with providing shelter for vagrants. The community surrounding the property has petitioned to abate the violations. Staff Attorney Dula has reviewed the case and concurs that proper procedures have been followed. D. H. Griffin Wrecking Company, Inc., who is currently under contract with the City for demolition has prepared an estimate to demolish in the amount of $3,406.00 and therefore will become a lien against the property. - Sgt Baer again made the presentation. Dilapidated roof with holes in the roof and plants growing out of the roof. Vagrants have beenin and out of the house on a regular basis. There was live power at the site. The ceilings are exposed and unsafe. Joist are broken, The flooring is rotted. The interior is exposed to outside elements. Plumbing and flooting is dilapidated. there was human waste in the floor. The home is a brick home that doesn't show deterioration on the outside, but it is rotted on the inside. (Unanimous Consent by Council)

The Council recognized Huntsville, TX for helping the family of Police Officer Carlos DeLosSantos, who was involved in an accident while there. Manager Berry explained the ways that the whole City of Huntsville went out of their way to help this family, whose three year old son Kevin lost his life in this accident.

Alder Jill Patton stated that the Small Business Task Force is energized and they will start meeting every other week because they have a lot going.