MINUTES OF THE REGULAR MEETING
OF THE REIDSVILLE CITY COUNCIL
HELD WEDNESDAY, AUGUST 13, 2003 AT 3:00 P.M.
COUNCIL CHAMBERS, CITY HALL
CITY COUNCIL MEMBERS PRESENT:
Mayor Pro-Tem John Gentry
Councilman James K. Festerman
Councilman John Henderson
Councilman George O. Rucker
Councilman W. Clark Turner
Councilwoman Joan Zdanski
COUNCIL MEMBERS ABSENT:
Mayor John M. "Jay" Donecker
CITY STAFF PRESENT:
D. Kelly Almond, City Manager
Angela G. Stadler, City Clerk
William F. McLeod Jr., City Attorney
Michael J. Pearce, Community Development Director
Donna Setliff, Assistant Community Development Director
Mayor Pro Tem Gentry called the meeting to order at 3:00 P.M. Dr. Robert L. Kerr, pastor of Main Street United Methodist Church, provided the invocation.
PLEDGE OF ALLEGIANCE.
The audience then rose to give the Pledge of Allegiance to the flag of the United States of America.
PROCLAMATIONS.
RECOGNITION OF SGT. 1ST CLASS ALLEN NELSON FOR FAITHFUL SERVICE TO OUR COUNTRY DURING THE IRAQ WAR.
Mayor Pro Tem Gentry introduced Sgt. First Class Allen Nelson, who was being recognized after returning home from serving in Iraq during the war there. The Mayor Pro Tem read a list of Sgt. Nelson's accomplishments during his military career. He then read a proclamation recognizing Sgt. Allen. (A COPY OF THE PROCLAMATION IS HEREIN INCORPORATED AND MADE A PART OF THESE MINUTES.)
Sgt. Nelson told the audience he was glad to be back and that he "wouldn't change anything." He then shook hands with each of the Council members present.
APPROVAL OF THE CONSENT AGENDA.
Mayor Pro Tem then asked if there were any items that needed to be pulled from the Consent Agenda? None were offered.
Councilman Turner made the motion, seconded by Councilman Rucker and unanimously approved by Council 6-0, to approve the Consent Agenda.
CONSENT AGENDA ITEM NO. 1 - APPROVAL OF THE JULY 9, 2003 REGULAR MEETING MINUTES.
With the approval of the Consent Agenda in a 6-0 vote, the Council approved the July 9, 2003 regular meeting minutes.
CONSENT AGENDA ITEM NO. 2 - APPROVAL OF A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL FOR THE CONSTRUCTION OF APPROXIMATELY 861 FEET OF 6-INCH WATERMAIN AND APPURTENANCES BEGINNING AT THE INTERSECTION OF FORREST DRIVE AND ROBINHOOD ROAD SOUTHWARD ALONG ROBINHOOD ROAD TO THE SOUTH EDGE OF PARCEL NO. 7993-19-52-4049. THE RESOLUTION ALSO CALLS FOR A PUBLIC HEARING AT 3 P.M. ON WEDNESDAY, SEPTEMBER 10, 2003. (WP-02-01)
With the approval of the Consent Agenda in a 6-0 vote, the Council approved a Resolution declaring the cost and ordering the preparation of a Preliminary Assessment Roll for a Robinhood Road water project (Forrest Drive to the south edge of Parcel No. 7993-19-52-4049) and setting the public hearing on Sept. 10, 2003.
The Resolution as approved follows:
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL, AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL
(WP-02-01)
WHEREAS, the water system of the City of Reidsville was extended by constructing approximately 861 feet of 6-inch watermain and appurtenances beginning at the intersection of Forrest Drive and Robinhood Road, henceforth south along Robinhood Road to the south edge of Parcel No. 7993-19-52-4049 after being ordered by Resolution of the Reidsville City Council duly passed on the 11th day of September, 2002, and has been completed in accordance therewith; and
WHEREAS, the total cost of the project has been computed;
NOW, THEREFORE, BE IT RESOLVED by the Reidsville City Council that:
The assessment rate set when the project was undertaken is hereby declared to be $9.00 per front foot.
The City Clerk is hereby directed to prepare a Preliminary Assessment Roll showing the individual assessments upon the benefited properties.
The City Clerk is hereby directed to make available during regular office hours, in her office, the Preliminary Assessment Roll for public inspection from this day through the 10th day of September, 2003.
The Reidsville City Council will hold a public hearing at 3:00 p.m. on the 10th day of September, 2003, at City Council Chambers, 230 W. Morehead Street, Reidsville, for the purpose of hearing all interested persons.
The City Clerk is hereby directed to publish the required notice of the public hearing and, no later than 10 days before the public hearing, to mail by first-class mail copies of the notice to the owners of real property listed on the Preliminary Assessment Roll.
Adopted this 13th day of August, 2003.
CONSENT AGENDA ITEM NO. 3 - APPROVAL OF A RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL FOR THE CONSTRUCTION OF AN 8" SEWER LINE AND MANHOLES BEGINNING AT AN EXISTING MANHOLE IN THE SOUTHWEST CORNER OF SOUTH SCALES STREET AND LAWNDALE DRIVE RIGHT-OF-WAY INTERSECTION WEST ALONG LAWNDALE DRIVE. THE RESOLUTION ALSO CALLS FOR A PUBLIC HEARING AT 3 P.M. ON WEDNESDAY, SEPTEMBER 10, 2003.
With the approval of the Consent Agenda in a 6-0 vote, the Council approved a Resolution declaring the cost and ordering the preparation of Preliminary Assessment Roll for a Lawndale Drive sewer project (from an existing manhole on South Scale street westward along Lawndale) and setting the public hearing on Sept. 10, 2003.
The Resolution as approved follows:
RESOLUTION DECLARING COST AND ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL, AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL
WHEREAS, the sewer system of the City of Reidsville was extended by constructing an 8" sewer line and manhole beginning at an existing manhole in the southwest corner of the South Scales Street and Lawndale Drive right-of-way intersection thenceforth west along Lawndale Drive approximately 346' after being ordered by Resolution of the Reidsville City Council duly passed on the 10th day of July, 2002, and has been completed in accordance therewith; and
WHEREAS, the total cost of the project has been computed;
NOW, THEREFORE, BE IT RESOLVED by the Reidsville City Council that:
The assessment rate set when the project was undertaken is hereby declared to be $11.00 per front foot.
The City Clerk is hereby directed to prepare a Preliminary Assessment Roll showing the individual assessments upon the benefited properties.
The City Clerk is hereby directed to make available during regular office hours, in her office, the Preliminary Assessment Roll for public inspection from this day through the 10th day of September, 2003.
The Reidsville City Council will hold a public hearing at 3:00 p.m. on the 10th day of September, 2003, at City Council Chambers, 230 W. Morehead Street, Reidsville, for the purpose of hearing all interested persons.
The City Clerk is hereby directed to publish the required notice of the public hearing and, no later than 10 days before the public hearing, to mail by first-class mail copies of the notice to the owners of real property listed on the Preliminary Assessment Roll.
Adopted this 13th day of August, 2003.
CONSENT AGENDA ITEM NO. 4 - APPROVAL OF BUDGET ORDINANCE AMENDMENT NO. 2, WHICH APPROPRIATES A CONTRIBUTION FROM WAL-MART TO THE POLICE DEPARTMENT; CONTRIBUTIONS RECEIVED BY THE RECREATION DEPARTMENT; FUNDS COLLECTED BY THE RECREATION DEPARTMENT FOR THE SENIOR TRIP; FUNDS RECEIVED BY THE FIRE DEPARTMENT FOR THE EXPLORER CLUB; AND STATE EXCISE FUNDS FOR THE POLICE DEPARTMENT.
With the approval of the Consent Agenda in a 6-0 vote, the Council approved the following Budget Ordinance Amendment No. 2:
BUDGET ORDINANCE AMENDMENT NO. 2
WHEREAS, the Mayor and City Council of the City of Reidsville adopted a budget ordinance on June 11, 2003 which established revenues and authorized expenditures for fiscal year 2003-2004; and
WHEREAS, since the time of the adoption of said ordinance, it has become necessary to make certain changes in the City's budget to appropriate a contribution from Wal-Mart to the Police Department; to appropriate contributions received by the Recreation Department; to appropriate funds collected by the Recreation Department for the Senior Trip; to appropriate funds received by the Fire Department for the Explorer Club; to appropriate State Excise funds for the Police Department:
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Reidsville that the budget ordinance as adopted on June 11, 2003 is hereby amended as follows;
Section 1. That revenue account no. 10-3431-7000, Contributions Police Department, be increased by $1,000; that revenue account no. 11-3613-7700, Recreation Contributions, be increased by $225; that revenue account no. 11-3610-3500, Senior Center Revenue, be increased by $9,300; that revenue account no 10-3434-8000, Fire Explorer Funds, be increased by $1,000; that revenue account no. 10-3991-0000, Fund Balance, be increased by $2,100:
Section 2. That expense account no. 10-4130-4990, Police Miscellaneous, be increased by $1,000; that expense account no. 11-6123-3111, Tournament Travel, be increased by $225; that expense account no. 11-6123-2610, Senior Programs, be increased by $9,300; that expense account no. 10-4340-2350, Fire Explorer Post, be increased by $1,000; that expense account no. 10-4310-5511, Equipment State Excise Tax, be increased $2,100:
This the 13th day of August, 2003.
CONSENT AGENDA ITEM NO. 5 - APPROVAL OF AN ORDINANCE AMENDMENT LOWERING THE MEMBERSHIP OF THE HUMAN RELATIONS COMMISSION FROM 15 MEMBERS TO 11 MEMBERS (9 INSIDE-CITY AND 2 OUTSIDE-CITY POSITIONS).
With the approval of the Consent Agenda in a 6-0 vote, the Council approved an Ordinance Amendment lowering the Human Relations Commission's membership to 11 members (nine inside-City and two outside-City positions). The Commission made this request, based on input from outside sources, which indicated the size of the Commission was unusually large.
The Ordinance Amendment as approved follows:
AMENDING THE CITY OF REIDSVILLE CODE OF ORDINANCES
AN ORDINANCE AMENDING
CHAPTER 9.5, HUMAN RELATIONS COMMISSION
SECTION 9.5-2(a), MEMBERSHIP APPOINTMENTS
OF THE CITY OF REIDSVILLE CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Reidsville, North Carolina, that the City of Reidsville Code of Ordinances be amended as follows:
Part I. That Chapter 9.5, Section 9.5-2 (a) Human Relations Commission, Membership Appointments is hereby repealed and rewritten in its entirety as follows:
Section 9.5-2(a). The human relations commission should be composed of nine (9) residents of the city who shall be appointed by the city council. In addition, the city council shall appoint two (2) citizens who shall also reside in Rockingham County. Upon the expiration of the initial terms, all subsequent appointments shall be for terms of three (3) years. In addition, a member of the city council shall be appointed by the mayor as a liaison to the commission. In appointing membership to this commission, the city council shall take into account the need for its membership to be a representation of the cultural diversity of the community in and around the, city. To the extent possible, where applicants are available, endeavors shall be made to appoint members who are Caucasian, African-American, Hispanic, Asian-American, including anyone from any of these ethnic groups who may be disabled. In addition, preference will be given to keeping the commission gender and aged balanced.
Part II. This Ordinance shall become effective upon its adoption by the City Council of the City of Reidsville, North Carolina.
ADOPTED this the 13th day of August, 2003, by the City Council of the City of Reidsville, North Carolina.
CONSENT AGENDA ITEM NO. 6 - APPROVAL OF A WATER SHORTAGE RESPONSE PLAN.
With the approval of the Consent Agenda in a 6-0 vote, the Council approved a Water Shortage Response Plan as recommended by Public Works Director Steve Routh. In his memo to the City Manager dated August 5, 2003, Routh noted that the City was required to update its Water Supply Plan as required by State Statute 143-355(1) this year.
Routh stated that he had fashioned this ordinance by adapting the City of Greensboro's plan/ordinance to meet Reidsville's needs. He also noted that, given the area's normal weather patterns, normal water usage and the documented 20-year safe-yield of Lake Reidsville at 19 million gallons per day, this ordinance would probably never need to be used "beyond the first trigger."
The Ordinance as approved by Council follows:
AN ORDINANCE AMENDING CHAPTER 10-54 OF THE REIDSVILLE CODE OF ORDINANCES WITH RESPECT TO EMERGENCY WATER CONSERVATION AND RESTRICTION PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REIDSVILLE:
Sec. 10-54.1. Declaration.
Whenever the water supply of the City of Reidsville's public water system is low and declining due to conditions which may adversely affect the continued availability of water for human consumption, sanitation, health and fire protection, it may become necessary to declare a water shortage and implement conservation requirements under the standards set forth below.
Sec. 10-54.2. Definitions.
For the purpose of this chapter, the following terms, words, and phrases and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.
"City" is the City of Reidsville.
"Customer" is a person in whose name a water connection is made and to whom a bill is issued, whether such connection is inside or outside the corporate limits of the city.
"Person" is any person, firm, partnership, association, corporation, company, limited liability company, professional association, or organization of any kind. The term "person" shall also include customers.
"Water" is raw or treated water from the city public water supply system.
Sec. 10-54.3. General.
A water shortage shall be declared to exist when the reserve supply available to the City of Reidsville will have reached the point where the citizens cannot be supplied with water to protect their health and safety without substantially curtailing the water demand. A water shortage shall also be declared to exist when production, transmission, and storage facilities are incapable of meeting all daily water demands without endangering the ability to protect public safety and health without substantially curtailing water demand.
Sec. 10-54.4 Notice to general public of water shortage.
(a) In the event of a water shortage of any of the degrees of severity hereinafter set forth in the city water supply threatening the health and safety of the citizens, as determined by the Public Works Director, the city manager of the City of Reidsville is authorized and empowered, after communication to the Mayor and City Council, to give notice to the general public of the existence of such state and the severity thereof. In order to protect the health and safety of the people supplied water by the City of Reidsville, the city manager may place in effect the restrictive provisions hereinafter authorized. Notice shall be given by public press announcement and by signing an executive order. The order shall become effective twenty-four (24) hours following the press announcement and the signing of the order.
(b) Once a stage of water restriction is declared the Public Works Director shall review the number of day's supply of water available to the city system at least every seven (7) days. A declared stage shall remain in effect for a minimum of thirty (30) days; provided however, that if conditions as listed in Section 10-54.5(a) warrant, a more restrictive level may be enacted immediately. At the end of thirty (30) days, and following the periodic review, the Public Works Director shall notify the city manager if the number of days’ water supply exceeds the upper threshold of the effective stage by more than seven (7) days. In such event, the city manager shall declare the appropriate stage to be in effect.
(c) In addition to the other powers contained in this chapter the city manager, when notified by
the Public Works Director that there is a serious and immediate threat to the city water system because of reduced water quality, treatment capacity, treated supply recovery time, or other imminent condition, may temporarily impose restrictions on automated, and manual sprinkling. Such restrictions may include, among others, limitations on methods of sprinkling the hours and days, and whether such sprinkling may occur at all. In such event the notice provisions contained in section 10-54.4(a) shall apply and the enforcement provisions of sections 10-54.7 through 10-54.11 shall be applicable. The city manager, or City Council, may terminate, by written notice, such restrictions when the threat has abated. Any violation of this sub-section by a residential user shall be treated as a Stage IIB violation for the purpose of imposing civil penalties.
Sec. 10-54.5. Compliance required in the event of a water shortage.
(a) In the event the city manager issues the notice described in section 10-54.4, it shall be unlawful for any person to use or permit the use of water from the water system of the City of Reidsville for any of the purposes hereinafter set forth until such time as this Article is amended or repealed, or until the city manager has declared such provisions no longer in effect. In exercising this authority, considerations shall be given to the following criteria: water levels in the reservoirs, capabilities of the water production and distribution system, drawdown rates, outlook for precipitation, daily water use patterns, stream flows, seasonal and long-term weather patterns, and availability of water from other sources.
(b) Hospitals, nursing homes and health care facilities shall comply with all restrictions imposed on residential and non-residential water customers as may be applicable to each individual institution to the extent compliance will not endanger the health of the patients or residents of the institution.
(c) Each hospital, nursing home or health care facility shall survey its water usage patterns and requirements and implement such additional conservation measures as may be possible without endangering the health of its patients or residents to achieve a further reduction in the institution’s water usage.
The following shall apply at all times to the outdoor sprinkling of lawns, shrubbery, trees, flowers, gardens, and other outside irrigation systems.
(1) Reserved for future use.
(2) It shall be unlawful to operate any sprinkler system during times of rain or to operate a sprinkler, at any time, so as to disperse water on an impervious surface.
(3) Any violation of sub-sections 10-54.5(d)(1) and (2) by a residential user shall be treated as a Stage IIB violation for the purpose of imposing civil penalties.
Sec 10-54.6 Restrictions applicable to various levels of Lake Reidsville and Lake Hunt.
The severity of the water shortages shall be determined primarily by the levels of Lakes Reidsville and Hunt in light of the criteria set out in subsection 10-54.5(a). The restrictive measures in effect at each stage are as follows:
(a) Stage I Water Restriction Alert. In the event water levels of Lakes Reidsville and Hunt do not conform to seasonal expectations as determined by the Public Works Director using the criteria set out in subsection 10-54.5(a), the director shall notify the city manager in writing. Upon such notification the city manager shall declare a Stage I Water Restriction Alert. After complying with those notice provisions contained in Sec. 10-54.4, the following voluntary water restrictions shall be requested.
(1) Voluntary, commercial, manufacturing, institutional and residential conservation measures will be strongly encouraged and recommended including the following:
Inspect and repair all faulty and defective parts of faucets and toilets.
Use shower for bathing rather than bathtub and limit shower to no more than five (5) minutes.
Do not leave faucets running while shaving, rinsing dishes, or brushing teeth.
Limit use of clothes washers and dishwashers and when used, operate fully loaded.
Limit lawn watering to that necessary for plant survival.
Water shrubbery the minimum required, reusing household water when possible.
Limit vehicle washing.
Do not wash down outside areas such as sidewalks, patios, driveways, etc.
Install water flow restrictions in showerheads and other water saving devices.
Use disposable and biodegradable dishes where possible.
Install water saving devices in toilets such as early closing flapper valves.
Limit hours of water-cooled air conditioners.
m. Do not fill swimming or wading pools.
Water supply line pressure should be reduced where feasible to reduce water consumption if it will not affect operation of fixtures, equipment, public safety, or health, devices.
Conservation in public buildings, institutions, dormitories, and similar facilities is encouraged by reducing pressure at plumbing fixtures, and by installation of restricting devices.
(4) Water conservation should be followed during all phases of construction-related activities. Where appropriate, water needed should be obtained from supplemental sources.
(b) Stage IIA Water Shortage Level I Warning. In the event the previous voluntary restrictions are not sufficient to eliminate reductions in water supply reserves and the Public Works Director, using those criteria set out in Section 10-54.5(a), determines that there are no more than one hundred fifty (150) days' supply of water available to the city water system, the Public Works Director shall so notify the city manager in writing. Upon such notification, the city manager shall declare a Stage IIA Water Shortage Level I Warning to exist. After complying with those notice provisions contained in Sec. 10-54.4(a), the following mandatory water restrictions shall be imposed. It shall be unlawful:
(1) To water lawns, grass, shrubbery, trees, flower and vegetable gardens except by hand held-hose, container, or drip irrigation system; provided, however, that such plantings may be watered by any customer by manual or automated sprinkling one (1) day a week. Customers are allowed to do such sprinkling on the day of their city garbage pickup. Customers who do not have city garbage service, or who have multiple pickups during the week, shall be permitted to sprinkle on Wednesdays only. Provided, however, that a person regularly engaged in the sale of plants shall be permitted to use water, by any method at any time, for irrigation of their commercial stock in trade.
(2) To exceed the following water usage mandate: Public and private customers owning golf courses, and institutional customers owning athletic and playing fields which are separately metered, may water the courses and fields by any method during the hours of 10:00 p.m. till 5:00 a.m. each day and shall reduce water usage by forty (40) percent of their average usage during the corresponding billing period for the most recent twelve month period, in which no stage of this chapter was in effect. If no meter readings are recorded or otherwise available for a customer's billing period an average of similar users will be established for the customer by the public works department.
a. It is the primary responsibility of each customer to meet its mandated water use reduction in whatever manner possible.
b. Each such customer shall provide access to city personnel for the purposes of meter reading and monitoring compliance with this chapter.
c. If the mandated reduction in water usage cannot be obtained without threatening health or safety, or if there has been a significant change in the customer's circumstances, the customer may apply to the Public Works Director, or his designee, for a variance to the mandate. Any appeal of this administrative decision shall be to the superior court as provided by law.
d. Any customer who exceeds the allotments established pursuant to this water rationing will be subject to the following excess-use water rates.
1. "Excess-use water rates" will be collected based on the amount by which a customer's use exceeds the water allotments established pursuant to the local water rationing declaration computed on the basis that all water used in excess of the allotment shall be at five (5) times the normal rate.
2. Any monies collected through excess-use water rates shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.
3. Failure of the customer to remit the periodic amount billed within the allotted time may result in termination of water service to the customer pursuant to the water and sewer regulations.
Other restrictions contained in Stage I shall remain voluntary.
(c) Stage IIB Water Shortage Level II Warning. In the event the previous voluntary and mandatory restrictions are not sufficient to eliminate reductions in water supply reserves and the Public Works Director, using those criteria set out in Section 10-54.5(a), determines that there are no more than one hundred twenty-five (125) days' supply of water available to the city water system, the Public Works Director shall so notify the city manager in writing. Upon such notification, the city manager shall declare a Stage IIB Water Shortage Level II Warning to exist. After complying with those notice provisions contained in Sec. 10-54.4, the following mandatory water restrictions shall be imposed. It shall be unlawful to:
(1) Water or sprinkle any lawn, vegetable garden, grass, shrubbery, trees, or flowers except by a hand-held hose, container, or drip irrigation system. Provided, however, that a person regularly engaged in the sale of plants shall be permitted to use water for irrigation of their commercial stock in trade.
Provided further, that public and private customers owning golf courses, and institutional customers owning athletic and playing fields which are separately metered, may water the courses and fields by any method pursuant to the same terms and conditions set out in Sec. 10-54.6(4)(b)(2) except that the mandatory water use reduction shall be sixty (60) percent.
(2) Operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected.
Wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment; except that parts of vehicles may be washed where required by federal, state, or local laws or for safety reasons. Provided, however, that any commercial or business operated car wash facility shall be permitted to use water for such purposes.
(4) Wash down outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios, or to use water for similar purposes; provided, however, hand washing of exterior surfaces of a building for the purpose of preparing them for painting shall be permitted. Provided further, licensed commercial pressure washers shall be permitted to operate.
(5) Operate or introduce water into any ornamental fountain, pool, or pond or other structure making similar use of water.
(6) Serve drinking water in restaurants, cafeterias, or other food establishments, except as requested.
Use water from any public or private fire hydrants for any purpose other than fire suppression or other public emergency or water resources department need.
(8) Use water for dust control or compaction.
(9) Use water for any unnecessary purpose or intentionally wastewater.
The owner or occupant of any land or building who receives water from the city and also uses water from a well or other supply shall post a sign thereon, in a conspicuous place, furnished at no cost by the city water resources department giving notice of the use of well or other sources of supply.
All industrial, manufacturing, and commercial enterprises, and all customers with swimming and wading pools and tennis courts, shall reduce consumption to any degree feasible with a goal of a reduction of at least 25% of their usual usage.
(d) Stage III Water Shortage Danger. In the event the previous (voluntary and mandatory) restrictions are not sufficient to eliminate reductions in water supply reserves and the Public Works Director, using those criteria set out in Section 10-54.5(a), determines that there are not more than one hundred (100) days' supply of water available to the city water system, the Public Works Director shall so notify the city manager in writing. Upon such notification, the city manager shall declare a Stage III Water Shortage Danger to exist. After complying with those notice provisions contained in Sec. 10-54.4, the following mandatory water restrictions, in addition to those imposed in Stages IIA and IIB, shall be imposed. It shall be unlawful to:
Water or sprinkle any lawn, grass, shrubbery, trees, or flowers except from a watering can or other container not exceeding three (3) gallons in capacity with used wash water from inside a structure, except that newly planted shrubbery, trees or flowers may be watered by hand-held hose. Provided, however, that a person regularly engaged in the sale of plants shall be permitted to use water for irrigation of their commercial stock in trade. State, county, and city licensed landscape contractors may continue to water plantings which are under written warranty by hand-held hose, container or drip irrigation.
Water any vegetable garden except by hand held hose, container, or drip irrigation system.
Fill or refill any single-family swimming or wading pool or water any tennis court if a residential customer.
Make any nonessential use of water for commercial or public use.
(5) Exceed the following water usage mandate: Commercial and multi-family swimming pool customers shall reduce water usage by twenty-five (25) percent and public and private customers owning golf courses, and institutional customers owning athletic and playing fields which are separately metered, may water the courses and fields by any method and shall reduce water usage by eighty (80) percent, of their average usage during the corresponding billing period for the most recent twelve month period, in which no stage of this chapter was in effect. If no meter readings are recorded or otherwise available for a customer's billing period an average of similar users will be established for the customer by the water resources department. Such customers include governmental, commercial, industrial, institutional, public, social, multi-family, and all other such users.
a. It is the primary responsibility of each non-residential customer to meet its mandated water use reduction in whatever manner possible, including limitation of operating hours, or days, if necessary.
b. Each customer shall provide access to city personnel for the purposes of meter reading and monitoring of compliance with this chapter.
c. If the mandated reduction in water usage cannot be obtained without threatening health or safety, or if there has been a significant change in the customer's circumstances, the customer may apply to the Public Works Director, or his designee, for a variance to the mandate. Any appeal of this administrative decision shall be to the superior court as provided by law.
d. Any customer who exceeds the allotments established pursuant to this water rationing will be subject to the following excess-use water rates.
1. "Excess-use water rates" will be collected based on the amount by which a customer’s use exceeds the water allotments established pursuant to the local water rationing declaration computed on the basis that all water used in excess of the allotment shall be at five (5) times the normal rate.
2. Any monies collected through excess-use water rates shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.
3. Failure of the customer to remit the periodic amount billed within the allotted time may result in termination of water service to the customer pursuant to the water and sewer regulations.
All industrial, manufacturing, and commercial enterprises shall reduce consumption to any degree feasible with a goal of a reduction of at least fifty (50) percent of their average usage as compared with their usage during the corresponding billing period for the most recent twelve month period in which no stage of this chapter was in effect; provided, this goal shall not apply to those customers who wash parts of vehicles where such washing is required by federal, state, or local laws, or for health or safety reasons.
(e) Stage IV Water Shortage Emergency. In the event previous restrictions are not sufficient to eliminate reductions in water supply reserves and the Public Works Director, using those criteria set out in Sec. 10-54.5(a), determines that there are no more than seventy-five (75) days' supply of water available to the city water system, the Public Works Director shall so notify the city manager in writing. Upon such notification, the city manager shall declare a Stage IV Water Shortage Emergency to exist. Upon such declaration, the city shall be deemed to be in a state of emergency with respect to its water supply and residential customers shall reduce consumption to any degree feasible with a goal of a reduction of at least twenty-five (25) percent of their average usage. After complying with those notice provisions contained in Sec. 10-54.4, in addition to the restrictions heretofore imposed in Stages IIB and III, the following mandatory water restrictions shall be imposed. It shall be unlawful to:
(1) Use water outside a structure for any use other than emergencies involving fire or as needed by the water resources department to maintain the system, except that flowers, plants, and shrubs may be watered from a watering can or other container not exceeding three (3) gallons in capacity with used wash water from inside a structure.
(2) Operate an evaporative air conditioning unit which recycles water except during the operating hours of the business.
(3) Wash any vehicle for any purpose, whether inside or outside a structure, except that commercial and business operated car washes may do so as provided in subsection (4) hereof; and provided that parts of vehicles may be washed where required by federal, state, or local laws for health reasons.
(4) Exceed the following water usage mandate: All non-residential customers shall reduce their water usage by twenty-five (25) percent except commercial and business operated car washes and non-single family residential customers who operate swimming or wading pools or tennis courts shall reduce such usage by fifty (50) percent, of their average usage during the corresponding billing period for the most recent twelve month period, in which no stage of this chapter was in effect. If no meter readings are recorded or otherwise available for a customer's billing period an average of similar users will be established for the customer by the water resources department. Non-residential customers include governmental, commercial, industrial, institutional, public, social, and all other such users.
a. It is the primary responsibility of each non-residential customer to meet its mandated water use reduction in whatever manner possible, including limitation of operating hours, or days, if necessary.
b. Each customer shall provide access to city personnel for the purposes of meter reading and monitoring of compliance with this chapter.
c. If the mandated reduction in water usage cannot be obtained without threatening health or safety, or if there has been a significant change in the customer's circumstances, the customer may apply to the Public Works Director, or his designee, for a variance to the mandate. Any appeal of this administrative decision shall be to the superior court as provided by law.
d. Any such customer who exceeds the allotments established pursuant to this water rationing will be subject to the following excess-use water rates.
1. "Excess-use water rates" will be collected based on the amount by which a customer’s use exceeds the water allotments established pursuant to the local water rationing declaration computed on the basis that all water used in excess of the allotment shall be at five (5) times the normal rate; except that commercial and business operated car washes and non-single-family swimming and wading pool and tennis court users shall be computed at ten (10) times the normal rate for excess use
2. Any monies collected through excess-use water rates shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.
3. Failure of the customer to remit the periodic amount billed within the allotted time may result in termination of water service to the customer pursuant to the water and sewer regulations.
(5) Make any water service connections except as herein provided. Connections to the city water system shall be allowed, but not required, in the following cases if all other requirements of law pertaining to such connections have been met:
a. Lots, upon which construction has been authorized pursuant to a valid building permit issued prior to the effective date of the Stage IV Water Shortage Emergency; provided, that this exemption shall apply for only so long as such building permit remains in effect.
b. Public and other schools satisfying the compulsory education requirements of the laws of the State of North Carolina, public facilities for sheriff, police, fire protection, hospitals, emergency medical services, and facilities of public service companies regulated as public utilities under the laws of the State of North Carolina.
(f) Stage V Water Shortage Crisis. In the event previous voluntary and mandatory restrictions are not sufficient to eliminate reductions in water supply reserves and the Public Works Director, using those criteria set out in Sec. 10-54.5(a), determines that there are no more than fifty (50) days’ supply of water available to the city water system, the Public Works Director shall so notify the city manager in writing. Upon such notification the city manager shall declare a Stage V Water Shortage Crisis to exist and residential customers shall continue to reduce consumption to any degree feasible with a goal of a reduction of at least forty (40) percent of their average usage. After complying with those notice provisions contained in Section 29.5-4, in addition to the restrictions heretofore imposed under Stages IIB, III and IV, the following mandatory water restrictions shall be imposed. It shall be unlawful to:
(1) Serve food or beverages in restaurants, cafeterias and other commercial food establishments to customers using anything other than disposable plates, saucers, cups, eating utensils, napkins and tablecloths.
(2) Wash any vehicle for any purpose, whether inside or outside a structure, except those parts of vehicles may be washed where required by federal, state, or local laws, or for health or safety.
(3) Exceed the following water usage mandate. All non-residential customers shall reduce their water usage by fifty (50) percent of their average usage during the corresponding billing period for the most recent twelve-month period, in which no stage of this chapter was in effect; except that water may not be used to fill or top off any swimming or wading pool. If no meter readings are recorded or otherwise available for a customer's billing period an average of similar users will be established for the customer by the water resources department.
a. It is the primary responsibility of each non-residential customer to meet its mandated water use reduction in whatever manner possible, including limitation of operating hours or days if necessary.
b. Each customer shall provide access to city personnel for the purpose of reading and monitoring of compliance with this chapter.
c. If the mandated reduction in water usage cannot be obtained without threatening health or safety, or if there has been a significant change in the customer's circumstances, the customer may apply to the Public Works Director, or his designee, for a variance to the mandate. Any appeal of this administrative decision shall be to the superior court as provided by law.
d. Any water customer who exceeds the allotments established pursuant to this water rationing will be subject to the following excess-use water rates.
1. "Excess-use water rates" will be collected based on the amount by which a customer’s monthly use exceeds the water allotments established pursuant to the local water rationing declaration computed on the basis that all water used in excess of the allotment shall be at ten (10) times the normal rate.
2. Any monies collected through excess-use water rates shall be placed in a reserve account that is dedicated to addressing water shortage problems and water conservation initiatives.
3. Failure of the customer to remit the periodic amount billed within the allotted time may result in termination of water service to the customer pursuant to the water and sewer regulations.
(4) Make any new service connections to the city water system except for public and other schools satisfying the compulsory education requirements of the laws of the State of North Carolina, public facilities for sheriff, police, fire protection, hospitals and emergency medical services, and facilities of public service companies regulated as public utilities under the laws of the State of North Carolina.
Sec. 10-54.7 Compliance.
Compliance with the provisions with this chapter shall be enforced by personnel of the Public Works Department, the Reidsville Police Department, and other such personnel as designated by the city manager. Failure to comply with any of the regulations of this chapter shall be unlawful and a violation of the chapter and all remedies authorized by law for noncompliance with the chapter, including the issuance of a civil penalty citation or action for injunctive relief, may be exercised to enforce its provisions. It shall be unlawful to fail to act in accordance therewith or to use water in any manner or attempt to evade or avoid such water restrictions.
Sec. 10-54.8 Enforcement and civil penalty.
(a) Residential users. Any residential user who shall violate any provision of this chapter shall be subject to civil penalties. Civil penalties for a violation of Stage IIA, IIB and III mandatory restrictions shall be as follows: a warning for the first offense; a civil penalty in the amount of one hundred dollars ($100.00) for the second offense; a civil penalty in the amount of two hundred dollars ($200.00) for the third and successive offenses. In Stages IV or V, there shall be no warnings given for violations by residential users of the mandatory restrictions of these Stages and the penalties shall be one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense and successive offenses.
(b) Non-residential users. Any non-residential customer, who violates any provision of this chapter, shall be subject to a civil penalty except as provided in subsection (d) below. Civil penalties for a violation of any mandatory restriction of any Stage of this chapter shall be as follows: a civil penalty of two hundred dollars ($200.00) for the first violation; a civil penalty of five hundred dollars ($500.00) for the second violation; and a civil penalty of one thousand dollars ($1,000.00) for the third and successive offenses.
(c) Cumulation of violations. Violations shall be accumulated by all customers so long as this chapter, in any of its stages, is continuously in effect and until no stage of this chapter has been in effect for a period of one (1) calendar year. Violations of any of the mandatory restrictions of any stage shall accumulate with violations of other stages. Should a customer move, or cease and renew service, during the period described herein, the customer's violations shall continue to accumulate as if such move or cessation had not occurred.
(d) Civil penalties for excessive water use. Excessive use water rates imposed upon users by Stages III, IV and V shall constitute the sole monetary penalty for such excessive use. Other violations by such users shall be subject to the civil penalties set out herein. Other enforcement procedures shall apply to such users for excessive use and other violations.
Sec. 10-54.9 Criminal fines.
Upon a fourth violation of this chapter a criminal warrant shall be issued to the offending person. Any violations of the provisions of this chapter shall constitute a Class 3 misdemeanor punishable upon conviction by a term of imprisonment up to twenty (20) days and by a fine not exceeding a maximum of five hundred dollars ($500.00) as provided by General Statute Section 14-4 and in addition thereto such violation may be enjoined and restrained as provided in General Statute Section 160A-175. The issuing of a criminal warrant shall not prohibit the imposition of further civil penalties.
Sec. 10-54.10 Discontinuance of service.
The Public Works Director shall have the authority to discontinue, or restrict, water service to any person or structure in the event of a violation of the provisions of this chapter during a Stage IIA, Stage IIB, Stage III, Stage IV or Stage V water shortage period or for uncorrected water leakage. Prior to such termination, or restriction, of water supply, the director shall give at least two (2) working days written notice of intent to terminate or restrict. Within the said two days, the person, upon petition to the city manager, or his designee, may be heard as to why such termination should not be enforced. No notice shall be required to discontinue, or turn off, outside water service which is provided solely for lawn and shrubbery sprinkler systems, swimming pools, or other non-essential uses. When a water service has been discontinued, or turned off, it shall be unlawful to reactivate such service without the permission of the Public Works Director during a Stage IIA, Stage IIB, Stage III, Stage IV or Stage V water shortage period.
Sec. 10-54.11 Continuing and separate violations.
Each day's continuing violation of this chapter shall be a separate and distinct criminal and civil offense. Each violation of the chapter shall be a separate offense even if occurring on the same day.
Sec. 10-54.12 Severance provision.
If any section, subdivision, clause, or provision of this chapter shall be judged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so adjudged, and the remainder of this chapter shall be declared valid and effective.
Sec. 10-54.13 Application of chapter.
The provisions of this chapter shall apply to all such persons using public water both in and outside the city, regardless of whether any such person using water shall have a contract for water service with the city.
Sec. 10.54.14 Termination of declared emergency.
Termination of any phase of the emergency provisions of this chapter shall be determined by the city manager when he finds that the water supply of the city water system is no longer so low as to constitute a water emergency.
Upon termination of any emergency declared under this chapter, all fines or penalties incurred by any person or customer shall remain in effect until paid. Upon such termination discontinued users may have their service restored upon payment of the regular cut-on fees except for those users cut off without notice.
Sec. 10-54.15 Repeal of prior ordinances.
All Ordinances and clauses of ordinances in conflict herewith are stayed while any stage of this chapter is in effect. Such conflicting ordinances and clauses shall become effective upon termination of such stages.
ADOPTED AND EFFECTIVE, this 13th day of August, 2003.
CONSENT AGENDA ITEM NO. 7 - APPROVAL OF AN INTERLOCAL AGREEMENT WITH ROCKINGHAM COUNTY CONCERNING FINANCING FOR THE INDUSTRIAL PARK.
With the approval of the Consent Agenda in a 6-0 vote, the Council approved an interlocal agreement with Rockingham County dealing with Industrial Park financing. (A COPY OF THE INTERLOCAL AGREEMENT IS HEREIN INCORPORATED AND MADE A PART OF THESE MINUTES.)
- End of Consent Agenda -
PUBLIC HEARINGS:
CONSIDERATION OF AN APPROPRIATION FROM THE GENERAL FUND NOT TO EXCEED $32,096 FOR PHASE I AND $32,096 FOR PHASE II FOR BUILDING RENOVATIONS TO AID AND ENCOURAGE THE LOCATION OF A MANUFACTURING COMPANY IN REIDSVILLE.
Mayor Pro Tem Gentry turned over this discussion to Ms. Heather Leavitt of the Rockingham County Partnership for Economic and Tourism Development.
Ms. Leavitt stated that as the Council was aware, Innofa USA is planning to locate in part of the Burlington Industries facilities in Reidsville (Holiday Loop Road). Innofa, she said, is the European leader in knitted fabrics for a variety of uses, including automobiles, mattresses, etc. For its United States operation, the company has chosen Reidsville, she said. The company will supply many of the US locations, such as Sealy Posturepedic, etc. She noted that 20 years ago, the company was the first textile manufacturer to make stretch terry cloth.
Ms. Leavitt noted that the performance agreement will be with Innotex, the holding company, but the business will be known as Innofa USA.
Both the Rockingham County Partnership for Economic and Tourism Development and the Rockingham County Board of Commissioners have already approved the performance agreement, Ms. Leavitt said. The agreement is broken down into two phases, Phase 1, which will be 10 jobs created and $2 million investment, and Phase 2, which will be the same. She noted that this is a three-year post-performance agreement spread out over four years, she added. The cost to the City will be $8,024 annually for four years for each phase. Payments will begin for Phase 1 in year 2006 until 2009 while Phase 2 payments will start in the year 2007 and end in 2010.
The Partnership has asked that the Council approve those incentives as outlined in the agreement in the Council’s agenda packets, Ms. Leavitt said.
City Manager Almond noted that the amount the City will pay as part of the performance agreement will be equal to or less than what the City would be receiving from the company in property taxes. Ms. Leavitt said it would actually be "less than" and of course, would be post-performance.
Mayor Pro Tem Gentry questioned whether there will be 20 workers employed after a certain phase, which Ms. Leavitt replied in the affirmative after Phase 2. Upon a question from Councilman Festerman, it was noted that the Partnership monitors this as part of the performance agreement. Councilman Henderson asked if the company was limited to 20 employees? She replied that the agreement was based on 20 employees but it does not limit the company's growth. She said it is believed that there will be rapid expansion of the plant.
Councilman Festerman asked if the company has a long-term lease agreement with Burlington Industries for the building? Ms. Leavitt said she was not sure. She said the company had gone through Burlington Industries to set up the lease agreement, but she would check. Councilman Henderson asked whether the sale of Burlington Industries might affect this? Ms. Leavitt said the owner of Innofa is fully aware that is taking place and, as far as she knew, wouldn’t affect the company coming at all.
Mayor Pro Tem Gentry opened the public hearing at 3:09 p.m. by asking if there was anyone to speak in favor of the proposal? No one came forward. He asked if there was anyone opposed? No one spoke. The public hearing was closed at 3:09 p.m.
Councilman Festerman made the motion, seconded by Councilman Turner and unanimously approved by Council 6-0, that the performance agreement be approved. (A COPY OF THE PERFORMANCE AGREEMENT AS APPROVED IS HEREIN INCORPORATED AND MADE A PART OF THESE MINUTES.)
CONSIDERATION OF A REQUEST TO REZONE A PORTION OF A PARCEL LOCATED ON LAWNDALE DRIVE, SPECIFICALLY A PORTION OF TAX PIN NO. 7993-12-96-6277, FROM RESIDENTIAL AGRICULTURAL-20 (RA-20) TO RESIDENTIAL-12 (R-12) (Z2003-10).
In making the staff report, Assistant Community Development Director Donna Setliff stated that Heather Henderson is the applicant for the rezoning request. Ms. Henderson is asking that a parcel in the 700 block of Lawndale Drive be rezoned from Residential-20 (R-20) to Residential-12 (R-12).
Setliff described the area surrounding the parcel. She also noted that this is a General Use application, meaning that any use of R-12 could be developed there. The Assistant Community Development Director stated that the biggest difference between R-20 and R-12 is that R-12 allows multi-family development.
Setliff said that this parcel would allow for 11 multi-family units; however, that might be somewhat limited because the parcel is located in the City's watershed area. She added that the City's Comprehensive Plan encourages development of small rental complexes near activity centers.
Staff feels that this parcel is a good area for R-12 zoning and recommends approval, Setliff said. The Planning Board unanimously approved the request, she noted.
Mayor Pro Tem Gentry asked if this parcel was not in an area where apartments are already being built? Setliff replied in the affirmative.
Councilman Festerman, noting that he had heard concerns expressed about traffic from one of the neighbors, asked if there have been any traffic studies done of the area? Setliff said none had been done and added that Lawndale Drive was not addressed as a part of the Thoroughfare Plan. Councilman Festerman noted that there are several apartments out there, as well as a school (Community Baptist).
Mayor Pro Tem Gentry opened the public hearing at 3:14 p.m. by asking if there was anyone to speak in favor of the rezoning? No one spoke. He asked if there was anyone opposed to the rezoning? Again, no one spoke. The public hearing was closed at 3:14 p.m.
Councilman Turner made the motion, seconded by Councilman Henderson and unanimously approved by Council 6-0, to accept the rezoning request as recommended by the Planning Board.
CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW PERSONAL SERVICES (SPECIFICALLY A HAIR STYLIST) AS A USE AT BODY ESSENTIALS LOCATED AT 1309 NORTHUP STREET, UNITS G-I. (SP2003-5)
Before Assistant Community Development Director Donna Setliff began her report, City Clerk Angela G. Stadler swore in Setliff and anyone else wishing to speak on this Special Use Permit request.
In her report, Setliff noted that Jennifer Kimbro, owner of Body Essentials at 1309 Northup Street, Units G-1, is the applicant for a Special Use Permit to allow her to add a personal services, specifically a hair stylist, to her business. The property is owned by John and Phyllis Holderby.
Ms. Kimbro currently employs one full-time and one part-time therapeutic masseur and one esthetitian. These employees are allowed by right in Office & Institutional because they are considered medical type uses. Personal services require a Special Use Permit.
Setliff described the zoning in the neighborhood, which is a mix of uses and zoning districts, including office, residential and commercial.
Several years ago City council looked at hair salons as a permitted use in O&I. It was decided that a Special Use Permit was the better way to go, which would allow City Council and the Planning Board to determine the best locations for these types of businesses.
Several conditions have been placed on the Special Use Permit, Setliff explained. Ms. Kimbro has limited the uses to only one hair stylist. The City's Zoning Ordinance limits the hours the hair stylist can work. Staff put in the "catch all" that the use must meet all applicable Building, Handicap and Fire Codes, Setliff commented.
Therefore, the following conditions have been suggested:
That the Special Use Permit be limited to one hair stylist.
That the days and hours of operation of the hair stylist is limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m. Operation on Sunday is prohibited.
The use must meet all applicable Building, Handicap and Fire Codes.
Setliff noted that the Planning Board did hear from one neighborhood resident who expressed concerns about parking, traffic, children from South End School being close by and odors from perms.
Setliff stated that the business is required to have off-street parking and business is by appointment only. In regards to the chemicals, the hair stylist will not do perms, only cuts and colors, she said.
In light of this, the Planning Board recommended the Special Use Permit with a fourth condition:
4. Hair Stylist limited to cuts and colors.
Setliff noted that City Council must find the Findings of Fact as stated in her memo.
Mayor Pro Tem Gentry opened the public hearing at 3:20 p.m. by asking if there was anyone to speak in favor of this Special Use Permit? No one came forward.
There was a brief discussion about the wording that the SUP would be "limited to one hair stylist," but no changes were made.
The Mayor Pro Tem asked if there was anyone who was opposed to the Special Use Permit? No one spoke. The public hearing was closed at 3:22 p.m.
Councilman Turner made the motion, seconded by Councilman Rucker, to approve the Special Use Permit. City Manager Almond asked if that motion included the four Findings of Fact? City Attorney Bill McLeod said Council needed to vote on each Finding separately.
Councilman Turner then made the motion that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved (Finding of Fact #1). The motion was seconded by Councilman Rucker and unanimously approved by Council 6-0.
Councilman Turner then made the motion that the use meets all required conditions and specifications (Finding of Fact #2). The motion was seconded by Councilman Rucker and unanimously approved by Council 6-0.
Councilman Turner then made the motion that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (Finding of Fact #3). The motion was seconded by Councilman Rucker and unanimously approved by Council 6-0.
Councilman Turner then made the motion that the location and the character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Plan for Reidsville and its environs (Finding of Fact #4). The motion was seconded by Councilman Rucker and unanimously approved by Council 6-0.
The Special Use Permit as approved follows:
SPECIAL USE PERMIT
REIDSVILLE, N. C.
There is hereby granted to John W. Holderby, Jr. and Phyllis B. Holderby, a Special Use Permit in accordance with the Reidsville Zoning Ordinance, Article V, Section 3 of the Reidsville Zoning Ordinance. This property is located at 1309 Northup Street, Units G-I, specifically Rockingham County Tax No. 8904-10-35-9207.
This permit is to allow personal services (hair stylist) with the following conditions.
1. That the Special Use Permit be limited to one hair stylist.
2. That the days and hours of operation of the hair stylist is limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m. Operation on Sunday is prohibited.
The use must meet all applicable Building, Handicap and Fire Codes.
4. Hair Stylist limited to cuts and colors.
This Permit is granted to the person, firm, or corporation designated above, and for the purpose and under the conditions set forth above. The Special Use Permit will continue to remain valid following transfer of ownership of the property provided that circumstances and conditions remain as described at the time that the Permit is granted. Violations of the conditions set forth will be cause for immediate termination of the Permit.
AUTHORIZED this ______ day of _________________,
2003, by the CITY COUNCIL OF REIDSVILLE, N. C.
CONSIDERATION OF AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF REIDSVILLE AT THE REQUEST OF WACHOVIA BANK ON BEHALF OF THE WATLINGTON HEIRS FOR VOLUNTARY ANNEXATION OF AN APPROXIMATE 2.3-ACRE TRACT AT THE SOUTHWEST INTERSECTION OF BARNES STREET AND ROCKINGHAM DRIVE.
City Manager Almond noted that this was a voluntary annexation request pursuant to the City's policy requiring that anyone wanting City water or sewer must first be annexed into the City. Wachovia Bank, on behalf of the Watlington heirs, has made the request because it has a potential client for the development.
The City Manager noted that this property is bordered on all sides by the current City limits. He added that State law allows the City to take rights of way in as well, which is reflected in the Ordinance. City Manager Almond stated that in earlier annexations, the City had not taken in Rockingham Drive, but that this Ordinance would include the roadway.
He concluded by noting that the Ordinance includes an effective date of October 1, 2003, in order to allow time to get US Justice Department approval.
Mayor Pro Tem Gentry opened the public hearing at 3:25 p.m. by asking if there was anyone to speak in favor of the Ordinance? No one came forward. He asked if there was anyone there to speak in opposition to the Ordinance? No one spoke. The public hearing was closed at 3:25 p.m.
Councilman Festerman made the motion, seconded by Councilman Turner and unanimously approved by Council 6-0, to approve the Ordinance.
The Ordinance as approved follows:
AN ORDINANCE TO EXTEND THE
CORPORATE LIMITS OF THE
CITY OF REIDSVILLE, NORTH CAROLINA
A03-02
WHEREAS, the City Council of the City of Reidsville, North Carolina has adopted a resolution under G.S. 160A-31 stating its intent to annex the area described below; and
WHEREAS, a public hearing on the question of this annexation was held at City Council Chambers, 230 West Morehead Street, at 3:00 P.M. on Wednesday, August 13, 2003, after due notice by publication on Thursday, July 24, 2003; and
WHEREAS, the City Council finds that the proposed annexation meets the requirements of G.S. 160A-31;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Reidsville, North Carolina that:
Section 1. By virtue of the authority granted by G.S. 160A-31, the following described contiguous property owned by the City of Reidsville is hereby annexed and made part of the City of Reidsville, North Carolina as of October 1, 2003:
BEGINNING at an existing 2-inch diameter iron pipe found in the line of property Now or Formerly Noble Hospitality Investments (DB 1027 PG 1101, Lot 2 PB 42 PG 79), a corner with property Now or Formerly Brady Children's Partnership (DB 997 PG 357) said 2-inch iron pipe being further described as being S 27 Deg 49'16"E, 1274.90 feet from NCGS Monument "Holiday Inn" and said 2-inch iron pipe having North Carolina Grid Coordinates (NAD 1983) of y = 285,749.316 meters North and x = 552,045.659 meters East; THENCE from the BEGINNING POINT with the easterly line of the aforesaid Brady Children's Partnership, N37 Deg 23'26"E, 417.76 feet to a 1-inch diameter iron pipe set in the southern right-of-way of Barnes Street (N.C. Highway 87); thence with the southern right-of-way of Barnes Street (DB 1021 PG 1799) S52 Deg 12'48"E, 216.78 feet to a 1" iron pipe set at the intersection of the southern right-of-way of Barnes Street and the western right-of-way of Rockingham Drive (N.C.S.R. 2804, PB 28 PG 133); thence with the western right-of-way of Rockingham Drive the following three courses and distances 1) S26 Deg 08'38"W, 67.10 feet to a found 1" diameter pinched top iron pipe; thence 2) S37 Deg 31'34"W, 223.04 feet to a found 1"diameter pinched top iron pipe; thence 3) S46 Deg 18'42"W, 128.40 feet to a found 1" diameter pinched top iron pipe, a corner with the above mentioned Noble Hospitality Investments; thence with the northern line of Noble Hospitality Investments N52 Deg 45'50"W, 209.42 feet to the POINT and place of BEGINNING. (Containing 2.16 acres, more or less, being the same property as shown on the map entitled "Plat of Actual Survey of the Proposed Reidsville Dialysis Site" prepared by Stanley R. Sacks, PLS and dated 23 June 2003.)
The rights-of-way proposed for annexation are described as follows:
Annexation of a Portion of Rockingham Drive
BEGINNING at a point in the southeastern quadrant of the intersections of rights-of-way of Barnes Street (formerly NC 87) and Rockingham Drive (SR-2804), thence with the eastern right-of-way of Rockingham Drive the following calls S 82-26-07 W 28.32 feet, S 37-30-30 W 302.84 feet, thence along a curve to the right having a radius of 480.00 feet and an arc length of 263.82 feet and a chord bearing and distance of S 53-15-15-W 260.51 feet, thence S 69-00-00 W 343.43 feet, thence along a curve to the left having a radius of 320.00 feet and an arc length of 452.75 feet and a chord bearing and distance of S 28-28-04 W 415.92 feet, thence S 12-03-52- E 65.72 feet, thence along a curve to the right having a radius of 480.00 feet an arc distance of 32.62 feet and a chord bearing and distance of S 10-07-05 E 32.61 feet to a point, thence leaving the eastern right-of-way of said road S 81-49-43 W 60.00 feet to a point in the western right-of-way of Rockingham Drive, thence along the western right-of-way of said road the following calls, thence along a curve to the left having a radius of 420.00 feet an arc distance of 28.54 feet and a chord bearing and distance of N 10-07-05 W 28.53 feet, thence N 12-03-52 W 65.72 feet, thence along a curve to the right having a radius of 380.00 feet an arc distance of 537.64 feet and a chord bearing and distance of N 28-28-04 E 493.91 feet, thence N 69-00-00 E 343.43 feet to a curve to the left having a radius of 420.00 feet an arc distance of 230.84 feet and a chord bearing and distance of N 53-15-15 E 227.95 feet, thence N 37-30-30 E 223.11 feet, N 26-11-54 E 101.98 feet to a point, said point being at the intersection of rights-of-way of Rockingham Drive and Barnes Street, thence along the southern right-of-way of Barnes Street S 52-29-31 E 100.00 feet to the point of beginning and containing 2.101 Acres more or less and being a portion of that right-of-way as shown on a plat of Survey for Committee of 100, dated January 22, 1990 by Obie M. Chambers, RLS and recorded in Plat Book 28, pages 133 and 134.
Section 2. The Mayor of the City of Reidsville shall cause to be recorded in the office of the Register of Deeds of Rockingham County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Rockingham County Board of Elections, as required by G.S. 163-288.1.
Adopted this 13th day of August, 2003.
- End of Public Hearings -
BOARD AND COMMISSION APPOINTMENTS:
Before the ballots were distributed, Councilwoman Zdanski noted that she had talked with Mr. Dav Gerrells, who was the lone applicant being considered at today's meeting. Mr. Gerrells had applied for the Historic Preservation Commission, but he informed the Councilwoman that due to the expansion of his business, he currently does not have the time needed to put into the Commission. Therefore, he had asked her to withdraw his nomination at this time, which she did.
City Manager Almond noted that with the withdrawal of Mr. Gerrells’ application, Council had no appointments to consider.
PUBLIC COMMENTS ON NON-AGENDA ITEMS.
The Mayor Pro Tem asked if there was anyone who wished to speak on a non-agenda item?
Mr. Richard Moore Inquires About Status of Cell Tower Suit, Newsletter Column, Councilman Henderson's Comments, Etc.
Mr. Richard Moore, a businessman at 217 Turner Drive, said he had several issues he wanted to discuss with Council.
Status of American Towers' Lawsuit.
First, he questioned where the City is on the lawsuit by American Towers?
City Attorney Bill McLeod Jr. noted that the hearing before the judge had originally been scheduled for late July but had been continued until September 29. The judge had requested the Court Reporter's transcript of the meeting and the minutes of the meeting, the City Attorney said. He had turned in the minutes to the judge, he added, although he couldn’t say whether the judge had the transcript that was taken. "That’s where we are," he said.
Status of Column in the Police Newsletter.
Secondly, Mr. Moore inquired about what he described as the "Sunday School lessons, so to speak," in the Police Department bulletin, which he had brought up at last month's Council meeting. He said as he recalled, Mayor Donecker turned the question over to the City Attorney for examination. He said he wondered what had taken place on that?
City Attorney McLeod noted that was he was going to say were generalizations because Mr. Moore was talking about litigation and "you can’t rubber stamp whether something is going to happen or not."
The City Attorney stated that public bodies have been allowed to have prayers prior to the convening of meetings. Generally, the public bodies have been precluded from having written dissemination of views that favor one sect or religion over another. He cited a current ongoing case where a public body displayed the Ten Commandments in its building.
With regard to the circumstances surrounding the Police Department newsletter, there has not been a whole lot of litigation out there that points one way or the other, he noted. If you take the view that it’s written dissemination like the Ten Commandments case, there may be some successful challenges made, he said. However, if you take the view that it’s basically a prayer tantamount to what takes place prior to a public body’s meeting, it would probably be shot down, the City Attorney said.
City Attorney McLeod said he could not give a "yes or no" because it would have to be litigated to get the answer. He noted that he was not a judge.
Mr. Moore said he thought it was pretty much of a stretch to imply that what’s in the Police bulletin could be equated with a prayer before a Council meeting, which he knew was legal. He said he thought the City had gone off into "another realm" by having what he described as "Sunday School lessons" in the Police Department bulletin. He said the City was going down a "very slipperish slope" on this issue. City Attorney McLeod said if it was litigated, one attorney would say it was a slippery slope while another wouldn’t.
Mr. Moore asked what was the judgement of this Council? He asked if it was to continue doing this until someone sues the City? He said that was what the City Attorney was suggesting here.
City Attorney McLeod said Mr. Moore was putting words in his mouth. He said he hadn’t suggested that. Mr. Moore said that it appeared the only way to resolve this was through litigation. City Attorney McLeod reiterated that there was not a whole lot of litigation on the subject that is directed toward what Mr. Moore’s question was at the last meeting. He noted that in order to find out some type of pattern or precedent there must be some type of litigation. He said there may be some boards who would "pull the plug" on allowing such things to be run in a Police journal, but other public bodies would say they’re going to run it because they don’t see anything wrong with it.
The City Attorney said if the Council asked for his advice today, he would tell them the same thing he was telling Mr. Moore, that he doesn’t know the answer until it’s challenged. That's just the way that 90% of the issues that come before a public body come to be, he said. "That’s what courts are for," he added, noting that someone could come up and challenge it and then you see.
His legal advice is that by taking the column out, the Council would save themselves from the possibility of litigation on that particular issue.
Mr. Moore asked Council again what it planned to do?
Councilman Turner asked what is the circulation of The Beat, outside of City employees? City Manager Almond wasn't sure, but he estimated between 200-250 people. Councilman Turner asked whether it wasn’t primarily a newsletter for the Police Department? The City Manager replied in the affirmative. Councilman Turner asked wouldn't have to be challenged by someone from the Police Department since it is a paper written for them? The City Attorney said since it is written, it could be disseminated to anyone; therefore, anyone could sue. Mr. Moore noted that he used to receive it, perhaps because he went through the Citizens Academy years ago. He noted that it has always been available in the City Hall lobby and probably couldn’t be considered some type of "internal" document that has nothing to do with anyone outside the Police Department. He said the "public definitely pays for it" so he didn’t feel that was a good rationale.
City Attorney McLeod said what it boils down to is written dissemination, comparable to the Ten Commandments, which has been successfully challenged. Since the column is in a newsletter/newspaper and speaks to religion, something that raises a constitutional question, a lawsuit is more likely to be successful against it more so than a prayer before a meeting, he added.
City Attorney McLeod said his advice would be that if the column is challenged, the City could be required to remove it from the newsletter. He noted that the City Council could remove it to eliminate the possible legal challenge, but he stressed that Council would be setting a precedent to what else is in there. As far as the issue of religion in this publication, if challenged, a written dissemination probably would not withstand scrutiny, the City Attorney said.
Mr. Moore said he wouldn’t pretend to be legal counsel but that he keeps up with this subject. City Attorney McLeod’s remarks are "right on the money," he said, and the attorney has "hit the nail on the head."
City Manager Almond said he felt Council members would want to take this under advisement, but he felt sure they probably weren’t ready to decide today. Councilman Henderson asked if there was anything legally prohibiting prayer prior to the meeting? The City Attorney said no, that issue has withstood repeated legal challenges.
Councilman Festerman asked the City Attorney if he needed more time to study this issue to feel more comfortable with it? City Attorney McLeod said he doesn’t think there’s enough litigation there on this point. The key, he said appears to be that the "line has been drawn" between oral and written dissemination of such material. How solid that line is, it’s hard to tell, he said. He noted that he was basing this on the Ten Commandments litigation, etc. He said there wasn’t enough out there for him to be 100% this way or that. He said even if there was a stack of case law or precedent now, it still is going to be subject to the particular facts of this situation here. The bottom line is the dissemination of the written word appears to have drawn some attention in the courts, the City Attorney said.
City Attorney McLeod said he would not act on it today, but he said he wasn’t going to change the information he had presented to Council. He said no one had brought forth a lawsuit. He said a citizen has inquired, and he felt the Council owed it to the citizens and to themselves and to the people who read this paper to try and do the right thing. He said he didn’t know that it would be doing the right thing by saying, okay, we may be sued, let’s pull the plug. The City Attorney said he didn’t think the Council needed to operate that way.
Councilwoman Zdanski said she was not ready to act on this issue today. She said she would like to have it discussed some more. Other Council members agreed.
Mr. Moore, noting that he had first brought this issue up a month ago, said he was okay with waiting another month because he wanted the Council to give it careful consideration. He said he would be back next month to see if a decision had been made. He added that he thought two months would be adequate time for the Council to make a decision.
Questions Concerning Councilman Henderson’s Remarks.
Mr. Moore went on to his third issue. He said that, because of his position, a lot of people come to him to ask why some things are done. He said he had gotten more questions from the last Council meeting than he had ever received before – and the least number of answers. He referred to the meeting in the conference room where Councilman Henderson implied that the Mayor was a racist and sexist because the Mayor had suggested the Council start holding night meetings. Mr. Moore said no one had been able to come up with a logical connection of why that implication exists. He said he would like an answer to that from Councilman Henderson or anybody on the board who knows.
Councilman Henderson said, unfortunately, no one had approached him about his remarks, which would be the decent thing to do since he was the one who had made the remarks. Mr. Moore asked if the Councilman would be willing to tell him? Councilman Henderson said he would tell him after the meeting. Mr. Moore replied that since the issue was originally raised in public, he felt it deserved a public answer, but he would talk with Councilman Henderson after the meeting.
Comments Made About Brenda Durham, Mr. Moore.
Finally, Mr. Moore stated that in a lot of Council members’ minds and in the City Manager’s mind, he and Brenda Durham (former Chamber Executive Director) were "two peas in a pod." He said he guessed in some respects they were. That there was some "vast conspiracy going to do what, I don’t know," he said. He said Ms. Durham had denied that and so would he. He said there was probably a "great celebration" by many members of the City Council when Ms. Durham left. Several rude things were said, but that was "water under the bridge," he said.
Mr. Moore said he wouldn’t be leaving the City, that he had been here some 50 years. He said the Council members’ only opportunity to celebrate would be when he died. He added that he was going to be cremated with his ashes spread over his farm so there "would be no dancing on my grave," he said. The audience chuckled, and Mr. Moore sat down.
Ms. Clara Gunn Questions Ditch as Health Hazard.
Ms. Clara Gunn of 1108 Lindsey Street, said she was before Council on behalf of Mrs. Marsh, one of her neighbors. Mrs. Marsh has a big ditch in front of her house, which has been there approximately nine months and is full of water and mosquitoes. The house is owned by Steve Curry. She asked who needed to be contacted about this, was it the City or Council?
Ms. Gunn said the ditch is between two houses on the street so somebody has to own it.
City Manager Almond said he assumed it was private property, but he asked Ms. Gunn for the address? Ms. Gunn said it was the first house behind the former Big Bill Bottling Co. (now Matkins Plumbing), on the left-hand side.
Ms. Gunn said neighbors were concerned about the ditch as a possible breeding ground for mosquitoes with West Nile Virus. Councilman Festerman said it might be best to contact the Rockingham County Health Department. He said they would check into it and let her know who to contact.
CITY MANAGER'S REPORT.
Reminder About County League Meeting.
City Manager Almond referred to his printed report, noting that staff should have contacted Council members about the upcoming Rockingham County League of Local Governments meeting on August 18.
Ribbon Cutting for New ABC Store.
The City Manager noted that there would be a ribbon cutting and grand opening at the new ABC Store at 10 a.m. on August 26. Council should be getting a notice about this.
Name Change Suggested for Duke Street.
Referring to Item No. 2 on his printed report, City Manager Almond noted that Mayor Pro Tem Gentry had been approached about changing the name of Duke Street to Marcellus Street after Cecil Marcellus. Mayor Pro Tem Gentry said he believed there was only a couple of houses on the street. The Mayor Pro Tem said several members of the Youth Advisory Committee, sponsored by the Police Department, had requested the name change to help with the bad connotation associated with the current name. The Mayor Pro Tem questioned whether anyone knew if Duke Street was named for a prominent African-American – either James B. Duke or Buck Duke, because he didn’t want to suggest the name change if it was. No one seemed to know. It was noted that a name change might help the neighborhood's reputation, which has been associated with drugs and criminal activity.
City Manager Almond asked if it was the Council’s direction to hold a public meeting next month? The Council agreed by consensus that a public hearing should be held at the September meeting.
COUNCIL MEMBERS' REPORTS.
Councilwoman Zdanski – The Councilwoman noted that she had attended the July meeting of the Chamber at the Penn House as well as the National Night Out. The Chamber coffee at the Pennrose Park Country Club sponsored by the News & Record provided good fellowship, she noted.
Councilwoman Zdanski said that the Chamber’s annual golf tournament was set for August 20 at Pennrose Park Country Club. She provided details of the event, noting there was still a few openings for golfers. The Chamber’s Christmas Parade will be held November 22.
At the Historic Preservation Commission meeting, three Certificates of Appropriateness were approved for the following: 514 Piedmont Street (storage building); 709 S. Main Street (carport); and 710 S. Main Street (new roof). Also granted was a façade grant for 303 South Scales Street on behalf of Larry Dunlap, she said.
The Commission was going to meet at 9 a.m. for a photo opportunity at the Belmont House to present the landmark sign to the house. Then they would go to the Historic District to 719 S. Main Street (the Ferneyhough house), where a district sign was presented.
COUNCILWOMAN PROPOSES SEWER LINE PROCEDURE BE INITIATED FOR MCCOY ROAD.
Councilwoman Zdanski stated that at the March 12, 2003 meeting, Raeford Roberts had approached Council about the problems he and other property owners in his immediate vicinity were experiencing with their septic systems. Mr. Roberts at that time listed the names of the property owners who support now – and were in support at the time of the original petition that was entered in April of 1998 – of a sewer line being constructed. The petition at that time had 75% of the property owners but only represented 26% of the subject footage, she said. In support of the sewer line, according to Mr. Roberts, were Frances and Norman Walker, Tommy and Debra Young, Fred Denny, Marian Snow, Lucy and Ron Byers and Raeford and Carol Roberts.
Councilwoman Zdanski said she would like to present in a motion to direct staff to prepare a preliminary assessment resolution and advertise a public hearing on September 10, 2003 at 3 p.m. for a proposed sewer improvement on McCoy Road and Longbow Road.
Councilwoman Zdanski said the Council has the authority to order this project with or without petition. In light of the documented health issues in this area as described in a letter to Mayor Donecker from Environmental Health Director Ted Nelson, she said the Council needs to act now. She submitted the letter from the Rockingham County Health Department into the record, along with some photos of the site that had been presented to her. (A COPY OF THE LETTER & PICTURES ARE HEREIN INCORPORATED AND MADE A PART OF THESE MINUTES.)
Councilwoman Zdanski noted that some people will be assessed against their will if the Council takes this action. However, she said in almost every other petition that the Council has approved since she has been on the Council, someone fell into this situation. Right now, the overall public good is what the Council must consider, she said.
Councilwoman Zdanski said she would like to point out that if the Council goes along with this project, it would follow its previous precedent of only assessing for the actual footage of line width. This will be most beneficial to the Stanfield property. Using this footage (actual footage along the sewer line), the people who signed the petition represent 44% of the footage.
Councilman Turner added that he knows the residents on McCoy Road have had difficulty for a long time, as these pictures attest. According to the County Environmental Health Director, Mr. Roberts’ septic tank has been pumped four times since December. Councilman Turner said he thinks it is incumbent upon the Council, which is charged with looking after the public health and welfare of its citizens, to go ahead with this project.
Councilman Turner then seconded the motion.
Councilman Festerman asked if it was known when the photographs were taken? Councilwoman Zdanski said she wasn’t sure of the date, but that they weren’t taken today. She noted that the pictures needed to go into the record as well.
Councilman Henderson asked whether at the time of annexation, the City did not promise these residents that they would be provided those services? City Manager Almond noted that they were promised services would be provided on the same basis as other City residents. The Councilman said he sees that those services are very essential to that area.
Mr. Bob Stanfield Questions Proposed Action of Council.
Even though this was not a public hearing, the Council allowed Mr. Bob Stanfield of 504 McCoy Road, one of the property owners affected by this proposal, to approach Council with questions.
Mr. Stanfield, noting he had not been able to hear everything Councilwoman Zdanski had said, asked how this would be more beneficial to the Stanfield property? The Councilwoman explained that with the footage she was talking about, property owners would be charged for the actual footage rather than the footage of the entire parcel. She said she thought that would come to about 525 feet for the Stanfield property.
Mr. Stanfield said he still questioned what had been said about the numbers on the petition. He noted that she had said the petition represented 70% of the property owners and only 26% of the land. Councilwoman Zdanski said that was at the time of the first petition.
"You still don’t have 51% of the landowners do you?" Mr. Stanfield asked. City Manager Almond said, yes, but not of the footage. Mr. Stanfield corrected himself, saying he was talking about the property. The City Manager said no, there still wasn’t 51% of the footage represented. "But it’s still legal for you to go ahead and do that?" Mr. Stanfield asked.
Mr. Stanfield, noting he had been "at peace" with the Council for a long time and didn’t really complain about anything, said he really did complain when it’s going to cost him $15,000-$18,000 because a guy doesn’t want to get his septic tank pumped. Mr. Stanfield said he (Mr. Roberts) chose to live on that lot, just like he chose to live on his land. He noted that this is still farm land he lives on, and he’s struggling now because farm prices and everything is down. He said he could promise Council that, if this happens, he will have to sell the place. He said he had tried to live there and keep the property neat and nice, which may not make a difference to anybody else but it does to him. He said his point was if the City wanted to force him to turn it into a development that was what he was going to have to do.
Noting he was a member of the Rockingham County Soil & Water Board, Mr. Stanfield said the board was always talking about open air and green space for people. He said he had a perfect example at his place of what the environmental people want to have. "It’s just like a park," he said, even though it’s not public property for just anybody to walk on. Mr. Stanfield said what the City was doing to Dee (his wife) and him would force them to leave, and the land will be developed. He said they had a really bad season. He noted that he has a neighbor who doesn’t want to spend $3,000 to put in a septic tank, but he wants him (Mr. Stanfield) to spend $18,000 so that he doesn’t have to.
Mr. Stanfield said he wanted Council to consider what it was doing, remembering there is another half over there too and that happens to be them. Mr. Stanfield said he was sympathetic with Raeford (Roberts) and them, and that he used to be really good friends with him. However, he said they didn’t have the nerve to come and talk with him about it but went behind their backs with the petition. He said he was not inhuman and that he tried to understand what they were going through. However, Council needed to understand what he and Dee were up against, Mr. Stanfield said. He said he was sympathetic and he would help if he could, but he doesn’t want to help him $18,000 worth.
City Manager Almond asked where Mr. Stanfield was getting $18,000 from? Mr. Stanfield said that was the amount that it was supposed to be if they put a sewer line across his property.
The City Manager said that was what Councilwoman Zdanski was referring to. The City used to assess all front footage, but what she was saying was that the City had assessed a property on Reid School Road where the property was split. The line didn’t run down the total frontage, and the City only assessed for the actual footage that was built, City Manager Almond explained. In Mr. Stanfield’s case, instead of 1,700-1,800 feet along the road, (two parcels the Stanfields own), the Stanfields will only be assessed for that property which actually abuts the line, the City Manager said. That equals about 525 feet multiplied by $11.00 per front foot, which is only about $6,000, he noted. Councilman Festerman noted that figure was about two-thirds less than the first assessment.
Mr. Stanfield said he appreciated that, but he said it was still the same thing to him as far as what they’re doing to him. He said he would never have come up here before the Council and tried to get it to do something to the people on the other side of the road without first going and talking to them about it. He said he didn’t think it was right.
Mr. Stanfield said he knew Council needed to look at it from every standpoint. However, he pointed out that there was another standpoint than what that petition says. Mr. Stanfield referred again to keeping his property kept up. He noted that he mowed in front of his property, and the City didn’t have to do it. He again reiterated that there are two sides to everything. Mayor Pro Tem Gentry encouraged him to come back next month. Mr. Stanfield said he would, along with his wife, Dee.
The motion was then unanimously approved 6-0. The public hearing will be held September 10, 2003.
Councilman Rucker – The Councilman stated that the Parks & Recreation Advisory Commission had met yesterday, but he was unable to attend.
He talked of the local National Night Out celebrations, noting it had been another great year for that. He said he had talked to several residents, and he suggested that Police Chief Hunt and Captain Willie Hairston consider having one big Citywide event.
Councilman Festerman – The Councilman, picking up on what Councilman Rucker had said, noted that the City of Thomasville has one big event.
Councilman Festerman also suggested that if the Chamber was looking for a Grand Marshal for the Christmas Parade, 1st Class Sgt. Allen Nelson would be an excellent candidate.
Councilman Turner – The Councilman talked of the National Nite Out celebrations being a great success. He said he thought homemade ice cream was the biggest draw, especially in Mr. Gentry’s neighborhood.
Schedule of Meeting Times Noted.
The Councilman also noted that, included in their agenda packets, was a log of the meeting times of past Councils. He said he noticed that the motion was made by Councilman James Daniel in 1986 to change the Council meeting time to 3 p.m. on the second Wednesday of each month. He said he mentioned that because Councilman Daniel’s son had written a letter to the editor of the Reidsville Review stating that he didn’t understand why they didn’t have the meetings at night like they used to when his dad was the Mayor. His dad was the one who changed it, the Councilman noted, adding that he thought that was interesting.
Councilman Henderson – The Councilman said he had attended five of the local National Nite Out celebrations, including two he hadn’t been able to go to before. He said he enjoyed each of them.
Mayor Pro Tem Gentry – The Mayor Pro Tem noted he had attended three of the National Nite Out celebrations.
City Manager Praises Penn House Coordinator.
City Manager Almond said he wanted to take a moment to continue "bragging" about Judy Yarbrough and what she’s doing at the Penn House. He noted that the City facility has been reserved for every weekend except one throughout the end of the year. In 2004, 11 weekends have already been booked. He listed some of the groups that have regular meetings there. He said he felt that Yarbrough, Penn House coordinator, should be given an "atta-boy" for the great job she’s doing over there.
Motion To Go Into Closed Session.
The Mayor Pro Tem asked if there was a motion to go into closed session?
Councilman Festerman made the motion, seconded by Councilman Turner and unanimously approved by Council 6-0, to go into closed session under G.S. 143-318.11(4).
The Council took a brief recess at 4:15 p.m. before going into closed session.
Return to Open Session.
In closed session, Councilman Turner made the motion, seconded by Councilman Festerman and unanimously approved by Council 6-0, to return to open session.
In open session, Councilman Turner made the motion, seconded by Councilman Festerman and unanimously approved by Council 6-0, to adjourn at approximately 4:22 p.m.
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