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Monday, November 10, 2008

Watch Out Folks -- Taxpayer Alert -- Downtown Parking Deck

This is a recent article that was in the Charlotte Observer
http://www.charlotteobserver.com/524/story/304352.html?mi_pluck_action=comment_submitted#Comments_Container

Read this article and see if you don't think this is a trial balloon to interject the subject of a new parking deck downtown. If the people downtown want a parking deck, then they need to pay for it 100%, like any other business in this town would have to do.

Frankly, it is getting a little more than tiresome to see downtown development always brought up when we have so many other problem areas in this town that need to be addressed. We all want to see a progressive, vibrant downtown. I think there are things that can be done to get downtown going, but it isn't going to happen until we get attractions downtown that average people want to visit. Land a major corporate retail chain downtown and then there might be a reason to build a parking deck.

When are the people making decisions about our downtown ever going to be held accountable for the money that has been fruitlessly invested there. As I have said continually, the best way to make downtown more attractive is to get the areas around it up and going (Outside-In Redevelopment). Read about this in the Comments on Problems and Solutions forum that is linked in the top right corner of this page.

As for this Problem, here's a Solution Idea. Maybe you could issue a set number of placards (like handicapped parking placards) to these salons downtown that could be hung on the patron's car mirror. These placards would give the patrons 3 or 4 hour parking. You could charge the businesses a nominal annual fee for the placards. That way parking won't be taken up by employees, although I don't understand why they are never part of the equation.

I will give our City Leaders some free advice. If you try to build a parking deck with any city taxpayer money, then you will be hanging an issue around your neck that will be of no comfort. The average person goes downtown very little and the problem has less to do with parking, than it does with a lack of viable economic commerce.

Check out the average person shopping on Union Square. Do they look like the majority of the citizens of our community? Do you think average citizens are going to stand by and watch you continually subsidize a place where they have no interest, just to humor a vocal minority? It is time for Union Square to stand on it's own two feet.

Saturday, November 8, 2008

For Those Who Feel Me to be the Fool - expected $988 billion Federal Deficit for 2009

http://www.philly.com/inquirer/business/20081104_Bailout_will_bring__918B_in_U_S__debt.html
Read this article from the Philadelphia Inquirer. The election is now over and here comes the news that they wouldn't release before the election. The government is going to borrow $918 billion in the next few months to finance all the bailouts. The government is projecting a deficit of $988 billion for the current budget year, which began Oct. 1, would be more than twice the record $454.8 billion set for the budget year that ended Sept. 30.

From Bloomberg - Fed Defies Transparency Aim in Refusal to Disclose
http://www.bloomberg.com/apps/news?pid=20601087&sid=aatlky_cH.tY&refer=worldwide
Nov. 10 -- The Federal Reserve is refusing to identify the recipients of almost $2 trillion of emergency loans from American taxpayers or the troubled assets the central bank is accepting as collateral.

The new additions to the AIG Bailout bring the total of that bailout to $150 billion (up from $85 billion) and the total of Federal Bailouts to $2.044 trillion since June. You can read about this at our sister site "Common Sense and Clear Thinking." http://commonsenseandclearthinking.blogspot.com/2008/11/lets-add-this-up-2129-trillion-and.html

DON’T GO BACK TO THE COUCH

This is the unedited version of a letter to the editor in the Your Voice section of the Hickory Daily Record on 11/8/2008 entitled "Election over, citizen activism still needed" -- by Harry Hipps

The election is over at last. Signs are leaving yards and the phone is thankfully quiet. So what now? Oh the politicians and their staffs will be working as usual, but what about you? Are you going to your couch and just hoping the new officials are going to do better? Our challenges haven’t gone away and this is no time for complacency.

The financial problems are huge and the national debt has increased tremendously in a short period. The world is armed and dangerous and Bin Laden and his crew probably aren’t much sweeter today than they were yesterday. Gas has dropped almost two dollars a gallon and the large gas guzzlers look awfully pretty on that lot; however, unless I miss my guess, no new crude oil has appeared in the ground and it’s a matter of time before price spikes return again. I’m not a pessimist by nature but these are challenging times.

Despite the promises of our new crop of political leaders, we need public awareness and action more than ever. The purpose of elections is to choose governance. The horse race aspect of elections creates interest and excitement but it is the day by day actions of government that is the real work of democracy. We can’t only speak every four years at the ballot box and stick our heads in the sand the rest of the time.

Read history and current events. Monitor your representative’s voting record. Write, call or email them on issues of concern. Write commentaries in papers and on blogs. Let the leadership know we are informed and we want results. Yes, everyone is busy and it seems a day slips away too fast. But our laws, our money, our system of justice, our freedoms, and so many facets of our lives are touched by government and we can’t afford to ignore it.

With the internet and communications the possibilities for citizen involvement is now greater than ever. Power is going to be exercised and if we are truly going to be a government “of the people, by the people and for the people” that doesn’t just mean your neighbor, your boss, or your friends – it means YOU.

Wednesday, November 5, 2008

Newsletter about the Moratorium Workshop on November 4, 2008

This was a review of Text Amendments, staff reports. and maps of the present situation as far as the Drinking Establishments go here in Hickory. (I rushed this before going to work and so I have now gone back and edited it properly)

Brian Frazier talked about the current situation and said that currently Drinking Establishments are permitted by right here in Hickory. Basically every other enterprise needs a special use permit to operate within certain zoned areas, but not drinking establishments.

The proposed ammendment would require Drinking Establishments to get special approval in areas zoned C-1, C-4, and C-5, and would not be allowed in NC-1. NC-2, or C-2. Under the proposed ammendment, 1400 tax map parcels will be available for proposed drinking establishments.

Sally Fox seemed to be very concerned about the Green Park corridor and how this proposed ammendment would effect bars in her area. Attorney John Crone emphasized that there would have to be a Planning Board Evidentiary (evidence, documents, & Testimony) Hearing representing the neighbors, that the council would have to abide by the rulings of that Planning Board hearing, and that any appeals would be heard in Superior Court. Jill Patton was concerned with the relation of drinking establishments to traffic patterns and parking. She believes that this proposed change will give neighbors a fair hearing.

Brad Lail offered that someone had told him that the proposed definition of Drinking Establishment is not consistent with the current ALE standard (which states that 30% food must be served in order for an establishment to not be considered a Drinking Establishment). Brian Frazier said the 50% level was (the city's) definition of the food-beverage threshold and was recommended by legal council. Councilman Lail asked what he meant be legal council? Mr. Frazier stated that it was Parker-Poe (legal firm) he was referring to. Mr. Frazier further stated that their (city staff's) position has always been the 50% threshold.
Mr. Lail stated that his problem with 50% is that it might exclude businesses that might want to locate in areas that we (the city) might want to stimulate with young people and activities. Mayor Wright stated that these businesses still have the right to apply for the special permit. They can go through due process and votes to see if they get it, to see if it is in fact something that adds value. Mr. Lail said that he doesn't understand the reasoning between 30% (ALE) and 50% (Hickory).

Mr. Frazier then addressed the issue of the city's Pedestrian Overlay District, which automatically allows a 50% reduction in the amount of parking needed by a business to operate under code. Under the proposal, The city wants bars to submit an Alternative Parking Plan to the Planning Director to gain an additional 20% parking reduction. Mick Berry stated that this applies to every business, not just a particular use.

Brad Lail asked a question of whether any change of ownership of a business on Union Square (Downtown District) would require submission of a parking plan under the new ordinance? Mr. Frazier said that yes they would have to prove that there was adequate parking, then said no if it were a similar type of business they would not. Mr. Lail then asked in the case of Drinking Establishment, Yes? Mr Frazier stated that it was a good question. Andrea Surratt said that she believes that they would require Special Permit. Mr. Leonetti showed where any C-1 zoned area does not require Off Street Parking. Mr. Lail then stated that he is worried about unintended consequences.

City Manager Mick Berry wanted the issue addressed as to how many of the 14 establishments in question would be effected by the issue of Grandfathering, because of transfer of ownership based upon current zoning. Mr. Frazier believes it to be less that 50%. Mr, Meisner wants the issue of inheritence of these businesses addressed. Mr. Crone wanted this carried further to the issue of what is the public policy rationale for putting drinking establishments at a higher bar? Mayor Wright wants to look further into this issue.

A great deal of debate took place next on the issue of 30% vs 50% Food to Beverage ratio. The Mayor and Mrs. Fox seemed deadset against lowering the ratio to the ALE standard.

Mr. Lail wanted to address whether the policy(s) is consistent with a vision of Hickory moving more toward a service industry type city. Mr. Meisner stated that he could foresee a battle coming between retail and services. Charlotte has moved more toward entertainment Downtown. Much debate followed as to whether this was good or not. Sally Fox stated that she believes there has to be a higher bar for our Downtown. The council seemed to come to a consensus that we need to do a comparison between ourselves and Burlington, which is similar demographically to Hickory.

Mrs. Fox stated that she didn't want to shut out information, but she didn't want to get caught up in other things like vision. We have a goal here (I presume of this proposed ordinance). Brad Lail wanted to know what the goal is, if we don't consider vision? Mrs. Fox stated that she thought they were establishing a process for reviewing drinking establishments. We (Fox further stated) pretty much know sitting at the table what our vision will be for our neighborhood core and somewhat what our vision is gonna be for downtown.

Mick Berry said that from a technical standpoint they have an obligation to stick to the ordinance that created the moratorium. The moratorium is in response to the public safety issue. Ms. Surratt brought up the issue that maybe downtown should just allow bars by right in C-1 only.

Mr. Crone stated that he liked the Special Use concept for Downtown, because some Condos might be going up in a section and a nightclub would have to apply for a permit to be next to it, something like that may devalue the property. He did state that if they meet the criteria, they meet the criteria. Mrs. Fox stated that these drinking establishments have become a drag on the area. She once again brought up that Green Park corridor is screaming for revilization. She says the problem is that we (the council) haven't raised the bar. She bemoaned over and over again "it has been a drag" several times directly to Mr. Lail. Mr. Lail stated that he has heard from folks that it is also an issue Downtown.

The City Manager and Council came to an agreement to have a staff presentation to council at the next meeting. Mayor Wright said he would like to encourage everyone, if you think of other info, then please report to city staff.

The Hounds Opinion: I believe that it is a good idea to regulate where these establishments are established to a degree, but let's hope that we aren't going to stifle future proposed entertainment establishments in doing so. We need to, without question, keep these establishments out of neighborhoods. We can all agree to that.

I don't think Mrs. Fox is consistent in what she has to say on this subject. She sounds totally negative on this whole subject, frankly this whole discussion has been negative. She says that the issue has nothing to do with vision, that the issue has been a drag on Green Park, and that the people at the table already have a pretty good idea of what the vision for the neighborhood core and downtown should be. Sounds like she has decided for council what the vision for her personal interests should be. I wonder how the rest of council really feels about this.

Brad Lail seems to have the best vision on this issue. We have to be flexible when it comes to issues of proposed businesses. His vision sounds like a vision of an upscale modern Hickory, which welcomes professional adults. He doesn't want to throw the baby out with the bathwater just because we have a few establishments with some rebel patrons. And he is worried about the unintended consequences of this Moratorium (and Proposed Ordinances) on Drinking Establishments.

I honestly think that Mrs. Fox has some control issues. The city should not have (and should not seek to have) total locked down control over every aspect of our lives. The Hound has made it's voice clear on this issue. The current issue can best be dealt with by pulling these bar owners in and having a forum on this issue. The city's position should be that these bars will get a couple of free Police calls per month, followed by fees imposed on excessive calls to Police.

This is a much more reasonable response. The harsh, authoritarian approach to this issue speaks poorly about how some members of City Council want to impose their will, rather than communicate with citizens and build consensus on solutions.

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?


Yumm, Red Meat!!!

Time for a Positive Vision

Titled "Citizens must force optimism on local issues" in the Hickory Daily Record
(This is the unedited version of a letter to the editor published in the Hickory Daily Record on 11/4/2008)

It is time that we come together as a nation. I hope that the divisiveness that we have seen over the last few years will simmer down. Negatively pitting groups against one another based upon race, gender, and socio-economics will not solve our nation’s problems.

I would like to address problems I have seen at the local level. It’s time that we tackle some important issues. For nearly eight years we have seen our economy stagnate and local politicians have continually blamed Raleigh and Washington. This blame game has allowed very little to get done; especially when they never force the issue.

Hickory’s City Council members are non-partisan representatives, so this has nothing to do with party politics. Mayor Wright has even stated that he won’t endorse candidates, because he is fearful of retaliation if the other side wins. We all come to the table with our own philosophies, but on the local level we should put the Donkey or Elephant aside and do what is best for Hickory.

It is time that local leaders are forced to deliver a positive vision, mapping out the direction our city needs to head in the 21st century. Too many times we have seen a negative vision, with a pessimistic philosophy and attitude, of community leaders telling us what we can’t do. That approach is not working.

Look at Lowe’s Hardware for instance. The project turned out to be very positive for Viewmont. It has improved the area and the negative connotations that were brought up never materialized. The people opposed to the deal could have had the issues of positive development addressed, but instead we heard “Can’t Do.” These forces are still reluctant to admit that they were wrong.

The new Hickory Development plan will be addressed in upcoming months. It needs to be open and flexible to businesses that exist or want to locate here. We need to approach commerce in this area with a “Can Do” philosophy. We cannot continue to place onerous restrictions and regulations on businesses in this area and expect our city to progress.

That is where we as citizens come into the picture. It is our responsibility as citizens to ensure that our local leaders approach development positively. If they don’t, then please speak up. It is time to silence the bitter pills with an optimistic, “Can Do” spirit. We are the ones that have to live with the results.