Newsletter about the City Council meeting of February 1, 2011

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 right of this page under Main Information links is an Hickory's City Website link. If you click on that link, it takes you to our city’s website, at the left of the page you will see the Agenda's and Minutes link you need to click. This will give you a choice of PDF files to upcoming and previous meetings.

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 1/18/2010 meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below:

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Invocation by Rev. Deborah McEachran, Associate Pastor of First Presbyterian Church

Consent Agenda:
A. Proclamation Declaring February 7 – 14, 2011 as “Congenital Heart Defect Awareness Week” in the City of Hickory

Mayor Wright addressed the attendees of the Council meeting concerning the subject of congenital heart defects. He spoke about how his daughter, when she was in her late 20s, found out that she had a congenital heart defect that was discovered while she was scuba diving. The procedure was done, which remedied the problem with minimal invasion.

There were a couple of children that came down and stood before the Council with their families. These were very young children (under 4 years old) who have these congenital heart defects. One of the children has had a couple of procedures already and is looking to have more procedures done in the near future. The other child is getting ready to enter treatment and have a procedure done.

The proclamation reads:
Whereas, congenital heart defects are the most frequently occurring birth defects in the leading cause of birth defects worldwide; whereas. Over million families across America are facing challenges and hardships of raising children with congenital heart defects; whereas every year 40,000 babies are born in the US with congenital heart defects, and some are not diagnosed until months or years after birth; whereas an undiagnosed congenital heart conditions causes many cases of sudden cardiac death in young athletes; whereas these statistics newborns and young athletes are not routinely screened for congenital heart defects; whereas a disproportionately small amount of funding is available for congenital heart defect research and support, scientists through the use of March of Dimes funds and other sources study genes that may underlie specific heart defects and identify new genes that may cause heart defects; whereas congenital heart defect awareness week provides an opportunity for families whose lives have been affected. To celebrate life and to remember loved ones lost. To honor dedicated health professionals and to meet others and to know that they are not long. And whereas the establishment of congenital heart defect awareness week will also provide the opportunity to share experiences and information with the public and the media to raise public awareness about congenital heart defects.

B. Approve Pyrotechnic Display Permits by Hickory Crawdads for Events Held at LP Frans Stadium - The Hickory Crawdads have submitted a request to obtain permission to allow Pyro Shows Incorporated to provide fireworks after the following games held at LP Frans Stadium: April 8, May 27, June 17, 24, July 4, 8, 22, August 12, 19 and September 2, 2011 with specific rain dates noted. The Fire Prevention Bureau will inspect the pyrotechnics display area prior to the events to ensure compliance with all guidelines.

C. Approve Submission of 2011 Urgent Repair Program Application for Funding to the NC Housing Finance Agency - The City of Hickory is required to submit an application for funding for the 2011 Urgent Repair Program to the NC Housing Finance Agency by March 7, 2011 and will apply for $37,500 in funds. These program funds will be utilized to assist a minimum of ten eligible homes with urgently needed repairs in an amount not to exceed $5,000 per housing unit. The City will provide $3,750 in matching funds available from Rental Rehabilitation Program income and there is a $50 application fee.

D. Approve City’s Offer to Purchase and Contract for Property Owned by the Estate of Pinkie Lou Mull Located at 807 3rd Street Place, SW in the Amount of $4,200 - The City’s purchase of this property will assist in the Citizens’ Advisory Committee’s work plan to provide affordable housing in the Ridgeview Community; it will promote City Council’s goal of promoting affordable housing in Hickory and it complies with Habitat for Humanity’s Redevelopment Plan for 8th Ave Dr, SW. The tax value of the property is $36,700 with a land value of $4,600. The vacant house on the property will be demolished and affordable housing constructed increasing homeownership within the City. The property will be purchased with Community Development Block Grant Funds. Staff recommends approval.
E. Request by Josh’s on Union Square for Use of Union Square for American Red Cross Blood Drive on February 14, 2011 From 10:00 a.m. to 5:00 p.m

Budget Ordinance Amendments
1. To budget a $2,500 Library donation from Friends of the Library for preschool outreach books ($1,500) and senior outreach DVD’s ($1,000).
2. To budget a total of $265 of Library donations from various donors in the book line item.

Informational Items:
A. Report of Mayor Wright’s Travel to Raleigh, NC on January 20, 2011 to Attend the 2011-2012 NCLM Advocacy Goals Conference; registration - $75
New Business - Public Hearings:
1. Voluntary Contiguous Annexation of the Property of Martha Killian Located at 523 29th Avenue Drive, NW - A petition was submitted by Martha Killian for voluntary contiguous annexation for property located at 523 29th Avenue Drive, NW. This property is Ms. Killian’s primary residence and requests to be connected to the City’s water and sewer system. The 0.484 acres is currently located in the City’s extra-territorial jurisdictional area and zoned R-2 Residential with a tax value of $72,800. If annexed, the property will generate an additional $364.00 in tax revenues. The property meets all statutory requirements for voluntary annexation and adequate public services are available. This public hearing was advertised in a newspaper having general circulation in the Hickory area on January 21, 2011. Cal Overby Presentation. Council Unanimous Consent.

New Business - Departmental Reports:
1. Consider Nominating the Former Ridgeview Public Library to the National Register of Historic Places - The former Ridgeview Public Library was built in 1951 and moved from its original location to 415 1st Street, SW in 1998 for construction of the current Ridgeview Library. The building’s historical significance stems from its association with events that have made a significant contribution to the broad patterns of the City’s history. On January 25, 2011 a public hearing was held by the Hickory Historic Preservation Commission who voted unanimously to recommend approval of the nomination. The process begins with the submission of a nomination to the North Carolina State Historic Preservation Office and is scheduled for February 10, 2010. If approved by the National Register Advisory Committee and placed on the National Register of Historic Places, the property owner will not be required to have alterations approved by the Hickory Historic Preservation Commission unless the property owner wants the structure designated as a local landmark. Dave Leonetti Presentation. Council Unanimous Consent.
Ald. Meisner asked if Interfaith would be able to utilize tax credits (associated with this status). Mr. Leonetti stated that they would. Currently they have been paying property tax on the building, since they have owned it. Around 10 years can. That building is not central to their mission. Tax credits can also be sold on the open market.

Ald. Seaver asked if this was a first step towards revitalizing the building? Mr. Leonetti stated that it was. Mayor Wright stated that he believed that Council members should make every effort to facilitate this process for the refurbishing. He stated that he was going to give a donation and believed everyone else should take that into consideration.

***Persons Requesting to be Heard***
Proposed Cell Phone Tower behind Lakeview Baptist Church (The Mayor stated on Hal Row's show on 2/7/2010 that the property belongs to Grace Covenant Presbyterian Church)
Renée Eller was the first person to address the Council. Ms. Eller is a resident of Hunter’s Run. She stated that her reason for being here tonight was confusion. She received a notice in the mail about a planning commission hearing that would take place in January. She stated that there were no reasons on the notice about the reason for this special use permit hearing that was going to take place. She stated that this notice was one page front and back.

She stated that it appeared to her as a homeowner and a regular person that this was something that she should be concerned about, because it appeared on paper that this cell tower was going to be in her backyard. She added, but this was not something the screamed to her that this was going to be a final decision and she absolutely needed to hire an attorney, an appraiser, and get the neighbors all on board.

She went to the hearing and made a presentation. Parts of her presentation did not play. She had an actual video of American Tower Corporation's current tower off of Highway 127. It is the roosting location of a huge flock of Turkey vultures and black vultures. That tower is not maintained. That tower upon retrospect, and looking at the picture, started out as a pole very similar to what American Tower Corp. proposes to put on the lot behind her house.

She submitted a petition that reads that the residents of Hickory, North Carolina and elsewhere attest that they are in opposition of the installation of American Tower Corp.'s 185 foot tower on the properties located at or near 3710 N. Center St. They call on the City Council to request a moratorium. She states that she is not an attorney and she does not know the procedure and what became apparent to her in the days following the hearing is that almost nobody knows the procedure.

The basis of this argument is that expert testimony and legal counsel presented too much material at the meeting. That homeowners and planning commission members had almost no time to evaluate, review, or oppose the booklet. One commission member stated, I cannot consider it. Ms. Eller further stated, Given the fact that American tower had the time to consult, hire, and obtain the services of experts to testify and create supportive documents, she believes that opposing homeowners should need an adequate amount of time to hire their own experts....

She went on to add that the city's procedures in issuing a special use permit includes a statement that the proposed use will not cause substantial diminution and value of the other property in the neighborhood in which it is located. Adequate assurances of continuing maintenance have to be provided. Neither of these have been shown. The photos provided to the planning commission by American Towers are not an adequate representation of what the finished tower will look like.

Despite assurances about maintenance of the property where the current tower is located on Highway 127, it is clearly not maintained. They are concerned that the vultures may consider the new tower an appropriate roosting location and that American Tower Corporation's suggested method to eradicate vultures consists of hanging dead vultures on the tower. The installation of the cellular antenna is inconsistent with the character of the neighborhoods in the surrounding location. They hope that the city of Hickory will discourage antenna and tower proliferation and protect against visual blight and damage to the community aesthetics. She states that they believe that AT&T and other cellular companies need to find more appropriate locations in nearby commercial and industrial areas away from residential neighborhoods.

Perceived property values, when people go to buy a house, they don't get into a car with an attorney and a commercial real estate appraiser; they get into the car with a Realtor. 9 out of 10 of them are women. Women look at a cell phone tower and they have perceived health care threats for their children, whether or not that is valid, they believe something horrible is going to happen to their children, because of this cell phone tower….

We're Hickory North Carolina. I think of us as a progressive down. There are alternatives to what they have proposed. I absolutely support the church and their need for money, but I think that we need ordinances and requirements... we should encourage and require them (American Tower) to put in cell phone towers that are suitable and can blend in to the environment, which it is in.

David French also addressed the Council and reiterated the feelings of Ms. Elmore, who is his neighbor. He stated that he has been living in this home for three years. One of the things that is appealing is when you drive onto the block there are no power lines. Something like this pop up after you've moved into the neighborhood and it just seems so wrong.

Tammy Gunn next addressed the Council. She lives in the same neighborhood and she was at the planning commission meeting that night and said her piece. When she was looking up information, she Googled the cell tower site and the first thing that popped up was an advertisement wanting residents to put a cell tower in their backyard and make money.

We're in a bad economy right now in your going to have a lot of this coming up. This is a church, but you will have other people, wanting to put a tower on their property to make money... A lot of the committee members were confused and they didn't seem to know how to respond to it.
She doesn't think it was right that they voted that night. The residents are just wanting to have a re-hearing or just to look over it again. The vote was 5-4. She feels that if they would have had more time that they would've won that.

She doesn't know what the next process is, but we don't have the money to hire an attorney to represent us. What she was told is the next process is to appeal it to the Superior Court and they just cannot do that, because she doesn't know what that all goes into. She is appealing to the Council to just look at it again and communicate with the planning department or the commission and put something together so this doesn't happen again, because if they suffer with it, they don't want the next neighborhood to have to. We have a beautiful skyline right now. If you want to see these all over Hickory, then don't do anything. She feels that there's going to be a problem.

Dr. Birjis Shenoy next addressed the Council. He is concerned that they're setting the precedent of having the cell towers in residential type of neighborhoods.

A Mr. Carpenter, next addressed the Council and stated that he was unable to attend the planning commission meeting. He didn't realize that this procedure was going to be heard and passed that night without any opportunity do any research. He is concerned with the long-term effect of a cell tower being in his backyard.... He doesn't know if the planning committee had time to do their research. He is also concerned with property values.

Everyone's property value has taken a hit over the last few years. If it is like the tower on Hwy 127, I don't think that I would want to live there. If that is the case and my property value takes a hit, I think the city would be concerned about the revenue that they will be losing in taxes. You would certainly think that the planning committee would sit down and take all of this into consideration and do their research and not just have a cell phone company bringing their dog and pony show, coming in and selling something. And no one knows what's going on. The comments that he heard were that some of the people on the committee didn't have any answers and didn't know and couldn't answer. So they didn't have time to look at that. So how can you vote on something and pass it and not knowing what you are voting for? What they are asking for is to have this reheard. I know that the City Council said that they are separate from the planning committee, but you are all that we have . So we're asking for your help.

The Mayor commended the group. He stated that he went out and looked and tower is closer to Jenkins than the neighborhood, but it will certainly be within sight of the neighborhood. He stated that he would like Mr. Crone and Ms. Dula to take a look at this from the standpoint of the city and ask Mr. Berry to communicate with the neighbors.

Attorney Crone stated that he would urge them to seek legal counsel immediately. The jurisdiction is not with City Council at this point. It was a quasi judicial hearing. According to Ms. Dula, the hearing was properly advertised. There was a hearing and evidence was presented. The appeal process is to the Superior Court. There is some time limitations there -- 30 days from the hearing. We changed our process, about 15 or 16 years ago. We gave the responsibility of certain types of hearings to the planning commission. And that is one of those types airings. As to the facts of whether it is in a proper zoning area, I was not at the public hearing, but it does sound like some of the neighbors had a notice of the hearing and this type of hearing is unlike the types of hearings we (council) have as of the legislative nature. Unfortunately, you do not have the jurisdiction to do that (appeals process). The appeals process does not go to you as a City Council.

Ald. Meisner stated that he believes that Ms. Gunn made a good point. He doubts that there is any use other than our residential within 1000 feet of that tower. Maybe we need to look at that... remedying this in the future. And certainly if it is on their website that they are asking for people to make money, I am sure there is multitude of people that need money.

The Council further decided to look at this issue at the Council retreat, possibly at the next City Council meeting, Ald. Patton suggested speaking with the church, Ald. Lail stated that he would like further communication with Attorneys Crone and Dula over why the city as a municipal corporation would not have the right to appeal the decision of the planning commission. Attorney Dula stated that that was by statute. Ald. Meisner asked if the school board was present during the hearing to which Mr. Frazier answered no. Ald. Fox stated that she had a constituent that was very concerned, because the principal at Jenkins was unaware that all of this was going on. She had a concern that the letter may have been sent to the administration, instead of being sent to the school.

The Hound believes this is ridiculous. This is just like what we have seen in Washington. The planning commission either was not provided the relevant information related to this issue or they did not read the information that was provided to them. Either way, how can you make a decision such as this without having the proper depth of knowledge related to this issue. As Mr. Carpenter stated, how can you make this decision without having all the facts? Why did they vote that night?

I understand Attorney Crone's advice to seek counsel, but aren't we getting a little wary of all of the lawyering up? Is that not what has this nation stymied? Does this not make one feel that we have way too many public decision making bodies that are lost and have no clue about what one another are doing?

Let's look at the conflicting logic. The last two City Council meetings have addressed issues involving advertising signs and the need to limit the size and scope of these signs. Is the thought process surrounding this not related to visual aesthetics? And the signs are located in commercial and transportation corridors! Now we are talking about a residential neighborhood and it is alright to place a 150 foot pole with satellite dishes and transponders on it. Does this make logical sense? A 20 foot sign is too big for a road, but a 150 foot tower is alright for a neighborhood? I know that I wouldn't want one of these towers located near my house and I am sure most people wouldn't.

This is just another instance of a corporation getting ahead of the law and nudging the barriers of common sense, while hoping that they can float this under the radar and no one starts paying attention. This is exploitation. The governments related to the State of North Carolina need to get on top of this before it gets out of control. The church (and anyone else) needs to realize that they have a responsibility to be a good steward. They are in this area a few times each week, while this area is the home to many people. This should not be a money grab, because this will help in the short term, while affecting property values over the long haul. Think power lines and how they affect home values. These things need to be located in appropriate places. Would you want this in your backyard?

The Demolition of the Hickory Public Pools in Ridgeview and West Hickory
Larry Pope addressed the Council related to the swimming pools and an article that was written in the Hickory Daily Record. It was said in the paper by our city officials, that at the concerned citizens meeting last Monday night, the citizens were told when the demolition and filling in of the Ridgeview pool and George Ivey Weaver pool would be taking place. That was an outright untruth.

We were told it was going to happen, but we were not told when it was going to happen, and what we have found in the Ridgeview community is that the city government has said that the residents of the Ridgeview community did not express concerns about the demolition and filling in of the pool. I think that if you look at your records, plus your memories, you'll know how many times we have been here before you saying that we are not going to let the city take away something from the Ridgeview community that we wanted.

What I found tonight is that not only do you take away things from communities that want them, but you also place things in communities that don't want them. So the group that is here tonight , making comments about the cell towers, get with us, we can fight this together; because as my sign says, it is time for change, because city government, those who are supposed be working for us don't seem to care about what we want or don't want in our communities. So I will say to you as the City Council that unless we can start working together as a city and as a community and the city government, you will continue to have fights on your hands from now until... because we do not intend to give up the fight of stopping the City of Hickory from filling in the swimming pools.

And the other thing that I want to know is that at the last city Council meeting, the city seemed to be hiding as they used to say to us when I was little... bullies would say, you are hiding behind your mother's skirt. You had the assistant city manager talking about how you are going to go after federal dollars for an aquatic center, and I want to know where are you planning on placing that? Are you planning on placing that where it is accessible to West Hickory and Ridgeview? Or do you still have plans on placing that over at Highland Recreation Center? Because you are forever taking away from us, but not replacing things in our community and low income communities with something that would serve the entire city.

We are not going to leave our communities to go do something way across town, when you paid consultants taxpayer's money and they even said it needs to be in a major corridor area such as off I-40 and Hwy 321. What better location than 4th street and 7th ave, Southwest? If you can't put it there, then we will fight the city to put it anywhere. Because we will go after those federal and state dollars to stop them and keep you from building a facility in the city, somewhere that you are not making (the pool) accessible in a community that you are taking away from... we have done it too long and it is time to put a stop to it. And we will continue to fight you until the day stops.

The Hound says Amen to Larry. Larry might be a little radical for some people's tastes, but he always goes right to the heart of the matter from where he stands and I appreciate that. This issue will be an issue that the City will never be able to put behind them. It is not about the pools as much as it is about the process. This was bungled from the start and it shows the lack of experience and/or ability of those who initiated and carried out this process.

It is simple for people to see that there were alternative remedies that could have been initiated to deal with this matter, but a few stubborn individuals associated with the city decided to hijack the process and resolve it in a manner that suited them, but leaves a needless bad taste with many people.

This is a prime example of how not to build relationships with the community. This is a prime example of how to not build trust, faith, and develop connections with the community. When you need these people you have disenfranchised on board for something important in the future will they be there?

This is how you erect walls and there is one thing about walls of governance, no matter how high you erect them, they always end up being torn down. That is a waste of energy that could be used to move the community forward. Listen to this advice! The City of Hickory needs to make a genuine effort to tear down the walls.

I believe that a lot of the above goes to the heart of what I addressing in The State of Hickory 2011 and The Pursuit of Excellence.

***Matters not on the Agenda***
Ald. Patton stated that she had an article about the public library and in the article that is talks about a successful collaborative effort. And that is something that we keep talking about; is a way to maximize dollars. And that is a good thing to keep in our minds, of collaboration with other entities in the City of Hickory.

Mayor Wright went into the Readers Digest contest. The City of Hickory received $1,000 from Reader's Digest. We have a chance to get some real money out of this. We've gone from the 500s to where we're at 106 in the rankings. If we can move up a little bit, we will be in the money. They like us, otherwise why would they have chosen to come here out of the 7,600 cities and towns, who are getting votes, at a time when we are 400 or 500 in the standings.

Mandy Pitts showed how to access the site, which is linked below.
Vote for Hickory in Reader's Digest "We Hear You America" campaign (City of Hickory link)
We Hear You America (Reader's Digest Link)

The Mayor stated, someone is going get $40,000 cash. The total prize pool is $5 million in cash and promotional value. The Mayor feels that Reader's Digest is going to promote a few cities very heavily. They came here and they said that we had the greatest reception that they have seen at City Hall, when they brought the thousand dollar check.