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 5/18/2010 meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below
Invocation by Deborah McEachran, First Presbyterian Church
Special Presentations:
Presentation of Proclamation Declaring May 19, 2010 as “J.T. Poston Day” in the City of Hickory for Capturing the Individual Championship in the 25th Annual North Carolina High School Athletic Association State 3A Men’s Golf Championship. JT is a junior who has been a member of the golf team for the past 3 years, he is ranked #26 in state rankings. He is a two time conference player of the year. The teams, those three years, have finished 1st, 5th, and 3rd in the state. He won the individual championship by a 4-stroke margin.
Pulled from Reaffirmation Ratification:
Amendment to Traffic Ordinance By Prohibiting On-Street Parking Along Both East and West Margins of 10th Street, NE From the Intersection With 37th Avenue, NE North Approximately 900 Feet to the Intersection With 9th Street Drive, NE. Chuck Hanson addressed this issue. The City Manager stated that the amendment needs to be amended. The existing part of Falling Creek subdivision enters the Winding Creek subdivision. Cars were parking on both sides of the (Falling Creek) road making it difficult for the people traveling this road to navigate passed the cars. The city had put no parking signs up after the first reading and subsequently have found there are issues with the long time residential property owners of Falling Creek. The proposal is to not allow parking on the West side of Falling Creek (10th street) and the East side of the Winding Creek subdivision. Alderman Meisner stated that this had been a dead end street for 25 years. After a discussion of Procedural issues, the Council unanimously consented to the amendment.
Consent Agenda:
A. Call for Public Hearing on the City Manager’s FY2010-2011 Recommended Budget (Authorize Public Hearing for 6/1/2010) – To be presented to City Council as required by law and is available for review in the Office of the City Clerk, Patrick Beaver Memorial Library and Ridgeview Library.
B. Resolution of Intent for Petition of the City of Hickory to Close Three Portions of Right-of-Way Adjacent to City-Owned Property Located at 740 5th Avenue, SW (Authorize Public Hearing for 6/15/2010)
C. Establishment of New Council Priorities and Action Plan for FY 2010-11 - On February 2, 2010 the Hickory City Council established its top three objectives for the coming year. These objectives were developed during the 25th annual Council-Staff Planning Retreat held December 7, 2009, and continued on January 28, 2010. Each of these three objectives will continually be implemented through specific projects and goals during the year and progress will be provided to City Council on a regular basis. In addition to these top 3 objectives, every year the Hickory City Council adopts priorities and associated action plans that are derived from the annual Council-Staff Planning Retreat, the City’s master plans, formal action taken by City Council throughout the year, and the City Manager’s assessment of initiatives that need to be considered by City Council. These priorities and action plans are used during the fiscal year as a guide to ensure that City departments advocate the philosophy and goals defined by City Council for the City of Hickory.
D. Accept 2009 Fire Prevention and Safety Grant From U.S. Department of Homeland Security For Smoke and Carbon Monoxide Detectors in the Amount of $62,208 - The City of Hickory submitted an application to receive grant funds from the US Department of Homeland Security to purchase smoke and carbon monoxide detectors. On April 23, 2010 the City was officially notified that a grant was awarded in the amount of $69,120, whereby 90% or $62,200 will be provided by the federal grant and the remaining 10% or $6,912 will be funded through the use of existing funds from the current fire department’s fiscal year budget. This grant will support and enhance the existing program for smoke and carbon monoxide detector residential campaign for the safety of the public from fire and fire-related hazards. The grant will allow the purchase of 1,000 smoke detectors at $20 each and 1,000 carbon monoxide detectors at $30 each along with $15,000 for a part-time person to assist in the delivery of said detectors.
E. Approval to Award a Community Appearance Grant to the SALT Block Foundation for Non – Residential Property Located at 231 and 243 3rd Avenue, NE in the Amount of $5,000 - The subject property is owned by Corinth Reformed United Church of Christ and is occupied by the SALT Block Foundation. The SALT Block Foundation desires to improve the visual appearance of the property by constructing an outdoor classroom, which is part of a larger $90,000 improvement project on the campus. The total amount of the improvements for the outdoor classroom is estimated to be between $13,959 and $14,250. On April 26, 2010 the Community Appearance Commission unanimously voted to recommend funding in the amount of $5,000.
F. Proclamation Proclaiming the Day of 5/7/2010 as “JuJu Phillips Day” in the City of Hickory
G. Approval to Issue Pyrotechnic Display Permit to Hickory Motor Speedway for Saturday, 5/29/2010 - The Hickory Motor Speedway requests permission to hold a public fireworks display on Saturday, 5/29/2010 with a rain date of 6/5/2010 in celebration of Memorial Day. Zambelli Fireworks Company will conduct the fireworks display. The Fire Prevention Bureau has reviewed all required documentation and will inspect the display area prior to the event to ensure compliance with all guidelines. Staff recommends approval.
H. Citizens Advisory Committee Recommendations 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 Homebuyer’s Program:
Wesley C. Riley 1420 11th Street Drive NW – Unit 14 / Approval for up to $6,500 (Forest Hills)
Joseph M. Duckett 1827 17th Street NE / Approval for up to $10,000 (Police Department)
Funds are budgeted for these items through the City of Hickory’s former Rental Rehabilitation Program income received in FY 2009 and/or program income received through the City of Hickory’s Community Development Block Grant Program.
Peggy H. Little, 231 8th Avenue Drive SE, is being recommended for approval for assistance under the City of Hickory’s 2009 Urgent Repair Program. This program provides qualified low income citizens with assistance for emergency-related repairs not to exceed $5,000. Funds are budgeted through the City’s Community Development Department funding received in FY 2009-2010. The Citizens Advisory Committee, at its May 6, 2010 meeting, recommended approval of the above requests.
I. Transfer of Cemetery Plot in Fairview Cemetery from The Estate of Joyce B. Spencer to Colin Wesley Spencer and Lowana Gail Spencer
J. Lift Moratorium on Receipt of “Operation No Vacancy” Grant Applications Based upon the adoption of revised guidelines for the Vacant Building Grant Program at the May 4th City Council meeting, it is requested that City Council lift the moratorium on accepting new grant applications and begin review of them based upon the revised guidelines.
K. Federally Required Identify Theft Prevention Policy - In October 2007, the Federal Trade Commission issued the Red Flag Rules which require financial institutions and creditors, including municipalities having utility accounts, to adopt and implement an identity theft prevention policy by 11/1/2008. The deadline for implementation of the policy and being in compliance with the rules was eventually extended to 6/1/2010. Council adopted a policy in November 2008. Due to the extension of the enforcement date, full implementation of the policy, which requires formal training of affected staff and other key employees, was delayed. The rules also require that entities update their identity theft prevention policies as needed, and staff has reviewed and identified revisions. Provisions regarding current data security measures used by staff to protect sensitive and confidential customer and employee information have also been added.
Budget Ordinance Amendments
1. Budget $200 of International Council donations in the International Council expenditure line item to be used for the International Springfest event expenses.
2. Budget $1,038 insurance claim check from Hartford Insurance Company in the Police Department Maintenance and Repair of Vehicles line item. This claim is for damage to a Police vehicle on 02-24-10.
3. Budget $1,052 insurance claim check from Erie Insurance Company in the Water and Sewer Maintenance and Repair of Vehicles line item. This claim is for damage to a Ford 350 truck on 04-23-10.
4. Budget $118 insurance claim check from Nationwide Insurance Company in the Water and Sewer Departmental Supplies line item. This payment is for damage sustained to a fire hydrant on 03-05-10.
5. Budget $1,850 of revenue from Catawba County in the Water and Sewer Pipes, Hydrants and Meters line item. Catawba County received a grant for a Water Infrastructure Hook-up Program that WPCOG is administering. Therefore, Catawba County is paying Hickory for the water (and/or sewer) taps as well as the radio read water meters that are required for some of the locations that are hooking up to the system.
6. Transfer a total of $150,000 in unbudgeted investment earnings to the Western Piedmont Regional Transit Authority line item. This represents the City of Hickory's contribution to the Western Piedmont Regional Transit Authority's redevelopment of the old S & W Chemical site in West Hickory for their new Transit Operations Center. These funds will be reserved in General Fund balance for this project until the project moves forward.
7. Transfer a total of $100,000 from the Water and Sewer Fund to the Inter-Basin Transfer Capital Project Fund line item. This transfer is for the City of Hickory'sFY2009 and FY2010 obligations. These funds have not been appropriated;however, City Council had committed $50,000 per year in opposing the Concord/Kannapolis Interbasin Transfer. This completes the City's financial commitment to the Defense Fund.
8. Transfer $6,912 of Fire Department Training, Meals and Lodging funds to the FY2009 Assistance to Firefighters Grant Program. The grant will supply funds to purchase smoke and carbon monoxide detectors for residential occupancies, supplies for the program and one part-time position during the twelve month performance period of the grant. The granting agency will provide 90% of the total $69,120 funds and the City of Hickory will provide the required 10% matching requirement.
New Business - Public Hearings:
1. Approval of Resolution and Adoption of the 2009 Catawba County Multijurisdictional Hazard Mitigation Plan - Both Federal and State legislation require local governments to formulate and adopt plans whose sole purpose is to mitigate lose of life and property in the event of natural or man-made disasters. The City participated in the first plan in 2004 and legislation requires such plans to be updated every five years. The City of Hickory and other local governments located within Catawba County received a grant from FEMA to fund updating the current plan. Following months of input and analysis during committee meetings, a draft plan was submitted and approved. The final step of the process is for the plan to be adopted by each local government participating in the plan update process. Staff recommends approval of the Resolution in adopting the 2009 Catawba County Multijurisdictional Hazard Mitigation Plan update. This public hearing was advertised in a newspaper having general circulation in the Hickory area on May 7 and May 14, 2010. Cal Overby made the presentation. The council unanimously consented.
2. Land Development Code Text Amendment 10-01, Electronic Gaming Operations - This Land Development Code Text Amendment is to establish zoning regulations for Electronic Gaming Operations or what are commonly known as “Internet Sweepstakes Businesses”. Upon the Hickory Planning and Development Department’s research of these businesses, it was discovered there is an increasing number of other North Carolina municipalities and counties whom were also adopting zoning type regulations. There are currently six to seven electronic gaming operations within Hickory’s planning area. The proposed amendment would effectively grandfather the existing operations, since they existed prior to the enactment of this amendment. On April 28, 2010 the Hickory Planning Commission voted unanimously to recommend approval of the proposed text amendments to Section 7.1, Section 7.2 and to Section 16.1. This public hearing was advertised in a newspaper having general circulation in the Hickory area on May 7 and May 14, 2010. Attorney Crone suggested that this issue be continued until June 15th due to pending lawsuits taking place across this state. Lawsuits, such as one in Raleigh, are preventing local, county, and state agencies from taking action against these types of enterprises. There is pending litigation taking place in Knightdale and Kannapolis. These ordinances are very similar to Hickory's. Attorney Crone want time to gather information to make a recommendation one way or another. The Council agreed to continue the issue until June 15th. Alder Patton asked about the relation of this issue to Hickory By Choice and when that document will be available? Brian Frazier stated that he is hopeful that the advisory council, staff, the pertinent department heads, and planning commission will have something made available in the next 30 to 60 days. He also stated that the text amendments would be incorporated into the Land Development Code. Alderman Lail stated that the State Legislature is considering this issue currently. The Mayor asked staff to look into how many Judges have ruled on this and if the rulings are going one way. What is happening in other states? The Mayor stated that there are companies in other states that own these establishments in North Carolina. He stated they may be unconstitutional in other states, but not in North Carolina. Attorney Crone stated that he and Staff attorney Dula are confident that the ordinance that they have (Hickory) is similar to other laws that are under scrutiny and therefore may not pass muster. Atty Crone stated that ultimately this will be in the hands of the legislature. There needs to be some uniform law that is constitutional. The Mayor stated that the legislature thought these were illegal. If we sit back and say we will never pass a law because we are worried that it may be unconstitutional, then we may never pass anything.
3. Consideration of Proposed Ordinance Amendment to the Hickory Code of Ordinances; Chapter 18, Section 18-181 Definitions – The Hickory Code of Ordinances Chapter 18, Section 18-181 partly defines junked motor vehicles as being more than five years old and appearing to be worth less than $100.00 and fails to address recent changes to NC General Statute §160A-303 (b2)(3). Chapter 20 of the Code of Ordinances was recently amended defining a junked motor vehicle as being greater than five years old and worth less than $500 which now conflicts with Chapter 18. Therefore, staff requests Council to approve the proposed ordinance amendment of Chapter 18, Article VI, Section 18-181 so as to become uniform with Chapter 20. This public hearing was advertised in a newspaper having general circulation in the Hickory area on May 7, 2010. Council unanimously consented.
New Business - Departmental Reports:
1. Update – Screening of Outdoor Storage - On February 17, 2004, City Council adopted amendments to Article 7 of the Land Development Code which placed specific screening standards on open storage. The amendments also enacted an amortization schedule, which gave noncompliant properties until March 17, 2007 to come into compliance. In December, 2006, Planning Staff requested time to meet with local businesses, property owners and the Chamber to formulate a more workable and equitable ordinance. In August, 2007, City Council conducted a public hearing regarding the resulting proposed text amendments, and approved an ordinance which allowed an additional three years (September 5, 2010) for those yet to comply with the 2004 ordinance. Planning Staff is currently conducting site visits of all properties that were known not to be in compliance in early 2008. According to the ordinance, all identified properties not in compliance by September 5, 2010 must comply with the ordinance or face civil penalties. Planning Staff intends to notify the owners of these properties, by certified letter, of the approved screening requirements and of the impending deadline at 30-day intervals, commencing on June 5, 2010. This item is being presented as a matter of information and requires no action by Council.
Brian Frazier addressed this issue by addressing the issue and showing a series of photos. In march 2004, 113 property owners were sent letters by registered mail stating that they were not in compliance with the new ordinance. In 2007, the council added an amendment requiring an additional 2 feet of fencing to salvage yards, recycling yards, and junk yards. Specificity was given to the type of material required. Over a period of time, 85 properties were deemed to be in compliance or were abandoned. ^ have gone out of business and some were given a waiver, because of safety concerns or Home Security issues. As of a week ago, 28 properties were deemed to be in non-compliance. It has been further determined, in the last week, that only 22 businesses are not in compliance. Mr. Frazier stated that he is going to personally go out and see if they are in compliance.
Most of these properties can meet the requirements by installing Vertical or Horizontal slatted screening that is 90% opaque or vegetation.
Wallace Roofing
Autobahn Specialists is basically screening junk and this will meet the Property Maintenance code
Jack Sipe Construction on LR Boulevard
Catawba Valley Wrecker and Repair. The cars are non-operable
Reese's Wrecker Service has goats occupying the abandoned property
If these properties are sold and become businesses that require screening, then they will have to come into compliance. When the council amended the code, most businesses had come into compliance. the code adopted in 2004 stated that the these types of businesses had to be screened from public view from tyhe public street. The ordinance was amended in 2007 to state that those types of businesses have to be screened from major or minor thoroughfares or from properties that are immediately contiguous to residentially zoned properties.
Mr. Frazier stated that only 22 properties are currently non-compliant. He will send out letters in 30, 60, and 90 day intervals to the property owners. If they do not come into compliance by September 6th, then they will get a later notifying them of their obligation to come into compliance and it will follow the next step in the process, which could lead to civil penalties, which vary, starting out at $50 per day, then $100 a day after a time certain, followed by $250 a day after a time certain.
Alder Patton asked if Mr. Frazier would go out and visit these sites. Mr. frazier added that he would and talk to the property owner. He also stated that he couldn't make a judgment based on some of the pictures , so there may be less than 22 non-compliant properties. Alder Patton stated that she hoped that he would push vegetation as far as the screening.
Alderman Guess seemed astonished that these businesses have been given six years. He stated that he doesn't understand 6 years. Alderman Lail stated that he wasn't here 3 years ago. Alder fox stated that there were some businesses that felt that this ordinance didn't pertain to them and hey chose to give them more time. She states that over 100 businesses respected the ordinance came into compliance. The Mayor stated it is time and explained that at the time some citizens were not happy with what they interpreted as the city's heavy handed approach. He believes that there are some people that will be heard from again.
Alderman Lail stated that he is proud of the fact tghat the council grandfathers a lot of things and this issue was retroactive towards people that have been in business for 20, 30, or 40 years. In some cases you have to see this stuff to sell it. People have to see a camper on the back of a pick-up truck in order to sell it. It was not a cut and dry issue.
The first letters will go out on June 5th.
The Hound agrees with the Mayor that it is now time that these businesses come into compliance with the ordinance, unless there is truly an issue that does not allow them to do so. Alderman Guess needs to understand that this issue was murky three years ago, as to the way that it was instituted and facilitated. These screening costs can cost tens of thousands of dollars and do not have any positive contribution to the owner's bottom line.
I totally understand the issue of aesthetics and you can see some of the problems in the photos above. Some property owners seem to go out of their way to have junky property and I do not think anyone had any intention of condoning the promotional outward appearance of Junk yards, but we also undertand that companies such as Shook Builders and Sipe Construction sell and store construction products. These companies have been the fabric of our community for years and most of us have no problem seeing those materials and what they represent.
Six years is long enough, but three, under the circumstances that availed themselves at the time in 2007, was not enough. I have no problem with encouraged implementation of new paradigms of appearance being instituted. that is part of the evolution of a community. We can take our time and work with people and make sure that things are done right. The key is positive communication between the elected officials, the bureaucracy, businesses, and the Citizenry.
Additional Comments:
** City Manager Berry went over the continuation of the Google Initiative by partnering with the Hickory Crawdads for "Google Gotta Get a Gigahit night" on Tuesday, May 25th. You can go to the HickoryLenoirNC.com and get a voucher for a free ticket to the game and it will be $1 night for food and beverages.
The Hound hopes that the city will encourage more promotional partnership opportunities towards the issues of progress. It is important to reach the average citizen who does not understand this issue and maybe efforts such as this can do just that.
** The Mayor had some encouraging comments about Fiserv's operation. The ribbon cutting was today and the mayor impressed about the appreciation that Fiserv's executives have for the community and our educational opportunities. 250 people are presently employed and this is expected to increase to 420 or more. They commented on how beautiful our city is and it is incumbent on us to always try to improve.
The Hound certainly hopes that we can get more jobs such as these in this area. This certainly won't solve all of our problems, but it is a good start and hopefully it will continue.
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