NC - Albemarle: Regular Meeting

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Regular Meeting

Regular Meeting Monday, September 16, 2019

7:00 PM Council Chambers

Meeting Agenda

Call Meeting To Order:

1. Mayor Michael

Approval Of Minutes:

2. Consider Approval of September 3 Regular Session Minutes.

Public Hearings:

Tagged Passions:hearing

3. Ordinance 19-34 - Consider Renaming Franklin Street to Troy Alexander Drive 4. Ordinance 19-35 - To Amend the City Charter to Establish

Non-Partisan Elections for
Tagged Passions:ordinance, streets, voting, and election

the Office of Mayor and City Council 5. Consider Amendments to the City's Regulations for the Installation of Sidewalks 6. Potential Changes to

Chapter 81 - Animals and Fowl
Tagged Passions:regulation, council, streets, and Pedestrian

Agenda Adjustments:

Announced Delegations:

7. Lee Snuggs, RRRPO Director and Scott Miller, NC Division 10 Corridor Development Engineer - To Review Projects in the Albemarle Area.

Tagged Passions:development, Development, and corridor

Unannounced Delegations:

Administrative Reports:

8. Monthly Departmental Reports

Consent Agenda:

9. Consider Road Closures for Albemarle Downtown Christmas Open House 10. Consider Road Closures for Albemarle Christmas Parade 11. Consider Dates

for Planning Board Dinner Meetings
Tagged Passions:planning, streets, downtown, and street closure

New Business:

Tagged Passions:business

12. Discuss Painting of City Fire Hydrants for Pediatric Cancer Patients 13. Proclamation to Designate September as Childhood Cancer Awareness Month

14. Consider Walk of Fame Recommendation 15. Update on Hurricane Florence Federal Disaster Reimbursement and Recovery 16. Introduction of new Assistant Public Works Director 17. Consider Hold Harmless Agreement with Pinnacle Bank
Tagged Passions:recognition, arts, Public Works, and public works

18. Information- Community Night Out Invitation 19. Consider Closed Session Pursuant to N.C.G.S. 143-318.11(a) (6) - Personnel

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Adjournment:

20. Consider Adjournment Until Tuesday, September 17 at 6 pm for Pubic Input and Informational Session for a Commercial Maintenance Code

Tagged Passions:commercial

Print

Title Mayor Michael Description: Is this item budgeted? Not Applicable Fiscal Impact: Management Recommendation:

Tagged Passions:budget

ATTACHMENTS: Name: Description: No Attachments Available

APPROVALS: Date/Time: Approval: Department:

Print

Title Consider Approval of September 3 Regular Session Minutes. Description: Is this item budgeted? Not Applicable Fiscal Impact: Management

Recommendation:
Tagged Passions:budget

ATTACHMENTS: Name: Description:

September_3_2019- Minutes.doc

September 3 Regular Session

APPROVALS: Date/Time: Approval: Department:

REGULAR MEETING CITY COUNCIL

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September 3, 2019

The City Council of the City of Albemarle met in a regular session on

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Monday, September 3, 2019, at 7:00 p.m. in the Council Chambers of City Hall. Mayor

G. R. Michael presided, and the following Councilmembers were present, to-wit: Bill

Aldridge, Chris Bramlett, Martha Sue Hall, Martha E. Hughes, Shirley Lowder, Dexter

Townsend and Chris Whitley. Absent, none.

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Mayor Michael called the meeting to order.

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Mayor Michael gave the invocation.

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PRESENTATION OF A CITY OF ALBEMARLE -

RETIREMENT RESOLUTION

Tagged Passions:retirement and seniors

Mayor Michael presented Johnny Lambert a retirement plaque who retired

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from the City on August 1, 2019 with 28.58 years of service.

----------------------

Upon a motion by Councilmember Aldridge, seconded by Councilmember

Lowder, and unanimously carried, the minutes of the August 5 regular, August 5 closed

session, August 6 adjourned session, August 19 called session, and August 19 closed

session session minutes were approved as submitted.

--------------------------

PUBLIC HEARING

Tagged Passions:hearing

Consider Ordinance 19-25 - Rezoning of 802 Salisbury Ave Tax

Tagged Passions:ordinance, taxes, Taxes, and zoning

Record 35723 from R-8 to GHBD

Request from Robert Lee Hathcock, applicant, and Chucky L Nance, owner

for City Council to conduct a public hearing and consider the requested rezoning of a 0.72

Tagged Passions:council, zoning, and hearing

acre parcel located at 802 Salisbury Rd from R-8 Two Family Residential to GHBD

Tagged Passions:property

General Highway Business District. The proposed use would be an auction house.

Tagged Passions:business and auction

Comments Planning and Development Services Director Kevin Robinson stated that

Tagged Passions:planning, development, services, and Development

this is a rezoning request for 802 Salisbury Avenue concerning a building on a acre lot

Tagged Passions:zoning

owned by Chucky Nance requesting a zoning change from R-8 to GHBD to use building

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as an auction house.

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Owner Chuck Nance

Applicant Robert Lee Hathcock

Speakers Neighbors Against this rezoning:

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Joel Grudger -721 Salisbury Avenue

Donna Efird -720 Salisbury Avenue

Attorney Kirk Bowling with Bowling Law Firm came forward and stated he

Tagged Passions:legal

is here this evening on behalf of the owner, Chucky Nance. He said Mr. Nance purchased

Tagged Passions:purchasing

this property in December 2017. He also stated that Mr. Nance had completed building

Tagged Passions:property

improvements such as roof, windows and paint. He argued that there had been no change

in use per the City Coordination form. Mr. Nance had leased the building to Robert

Tagged Passions:leasing

Hathcock, III on May 15, 219 to use as an assembly hall. Mr. Hathcock continued doing

improvements and came to get a permit and the coordination form was revoked.

Mr. Bowling asked that this be referred back to the Planning Board and that

Tagged Passions:planning

individuals in litigation with State or Federal court recuse themselves and not be a part of

Tagged Passions:legal and court

the decision for his client, Chucky Nance. His client would then be assured of the

decision being made with a fresh look on this decision.

Mr. Robinson stated that this is a NC building code classification not a

Tagged Passions:building codes

zoning classification. He stated that the coordination form was signed by Senior Planner

Tagged Passions:zoning

Nasser Rahimzadeh who is no longer with the City. He also stated that Mr. Nance was

informed at the time of application that this is not allowed concerning the Chapter 92

Zoning Ordinance. An assembly hall is a building code classification where an auction

Tagged Passions:ordinance, zoning, auction, and building codes

house is a defined use in the Zoning Ordinance and is not permitted in the R8 Residential

Tagged Passions:ordinance and zoning

District.

City Council continued their discussion concerning if other municipalities

Tagged Passions:council

allow auction houses in the R8 zoning, or by conditional use in the R8 zone.

Tagged Passions:zoning and auction

Mr. Robinson answered any questions that Council had.

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Upon a motion by Councilmember Townsend, seconded by Councilmember

Hall, and unanimously carried, the City Council closed the public hearing.

Tagged Passions:council and hearing

Upon a motion by Councilmember Aldridge, seconded by Councilmember

Bramlett, and unanimously carried, the City Council tabled this public hearing and ask

Tagged Passions:council and hearing

that City staff look at other municipalities that allow auction houses in the R8 zoning, or

Tagged Passions:zoning and auction

by conditional use in the R8 zone.

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PUBLIC HEARING

Tagged Passions:hearing

Consider Ordinance 19-33 - Amendments to Flood Damage

Tagged Passions:ordinance and flooding

Prevention Chapter 93 of City ORDINANCE

Tagged Passions:ordinance

This is proposed amendments to Chapter 93: Flood Damage Prevention.

Tagged Passions:flooding

These amendments are proposed primarily to address FEMA and NCDPS recommended

Tagged Passions:FEMA

changes to bring City code into compliance with State and Federal standards

Tagged Passions:compliance

Comments Planning and Development Services Planning Specialist Ellie Shield

Tagged Passions:planning, development, services, and Development

presented proposed amendments to Chapter 93: Flood Damage Prevention. First, the

Tagged Passions:flooding

markups were not highlighted on the .pdf version Council received. These amendments

Tagged Passions:council

are proposed primarily to address FEMA and NCDPS recommended changes to bring

Tagged Passions:FEMA

City code into compliance with State and Federal standards. In order for residents and

Tagged Passions:compliance

businesses to be able to purchase federally-backed and affordable flood insurance with

Tagged Passions:business, insurance, purchasing, and flooding

the National Flood Insurance Program, the City is required to adopt and enforce

Tagged Passions:program, insurance, and flooding

ordinances that comply with Federal and State laws

Tagged Passions:ordinance

Ms. Shield stated that these changes will update the ordinance in accordance

Tagged Passions:ordinance

with the minimum criteria of the National Flood Insurance program. Inability to adopt

Tagged Passions:program, insurance, and flooding

these changes may jeopardize the City s standing with FEMA and our participation in the

Tagged Passions:FEMA

National Flood Insurance Program. All of these changes have been reviewed and given

Tagged Passions:program, insurance, and flooding

tentative approval by staff at the Dept. of Public Safety and FEMA. City Staff believes

Tagged Passions:public safety and FEMA

none of these changes significantly alter the intent and purpose of the Ordinance, and all

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changes put Albemarle in a much stronger position to become a Community Rating

System any optional items that staff felt further restricted development in these areas, was

Tagged Passions:development and Development

not included unless required. Staff inquired about further clarification of development

Tagged Passions:development and Development

exemptions and no other community wrote back saying they had incorporated these

exemptions. The state recommends not incorporating such exemptions into the ordinance

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as it would provide Flexibility on a project to project basis.

Ms. Shield answered any questions that Council had.

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No one spoke for or against this hearing.

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Councilmember Hall stated that she had no issues with moving forward

with the markups in front of Council due to all corrections proposed are placed in the

Tagged Passions:council and jail

proposal.

Upon a motion by Councilmember Hall, seconded by Councilmember

Townsend, and unanimously carried, the City Council closed the public hearing.

Tagged Passions:council and hearing

Upon a motion by Councilmember Hall, seconded by Councilmember

Hughes, and unanimously carried, the City Council approved the following Ordinance:

Tagged Passions:ordinance and council

(Ordinance 19-33 Amendments to the Flood Damage

Tagged Passions:ordinance and flooding

Prevention, Chapter 93.)

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ANNOUNCED DELEGATIONS

Ms. Loretta McLester, 3204 Greenwood Park Circle. To

Tagged Passions:parks

Request Consideration for a Water Leak

Tagged Passions:utility, Utility, and water

This is Ms. McLester's mother's house (Ms. Trullie Smith) and it is

currently unoccupied. She had the commode leak repaired by a plumber but she does not

have a bill from the plumber because he corrected the issue for no charge. Ms. McLester

has requested this item be considered by City Council as it is outside the City policy. The

Tagged Passions:council and policy

policy does not provide for water adjustments for inside leaks. It also does not allow for a

Tagged Passions:utility, Utility, water, and policy

sewer adjustment since the water did enter the sewer system and was treated.

Tagged Passions:sewer, utility, Utility, and water

The City Manager noted that if the policy did apply for water, the

Tagged Passions:utility, Utility, water, administrator, manager, and policy

adjustment would be for 50 of the overage above the 12-month average. Again, no

adjustment for sewer since it entered the system and was treated. If it was a case where it

Tagged Passions:sewer, utility, and Utility

did not enter the system, the entire amount of the sewer overage could be waived

Tagged Passions:sewer, utility, and Utility

according to the policy because there would be no cost to the City.

Tagged Passions:policy

Upon a motion by Councilmember Hall, seconded by Councilmember

Townsend, and unanimously carried, the City Council approved a water adjustment for

Tagged Passions:council, utility, Utility, and water

3204 Greenwood Park Circle in the amount of 757.41 therefore charging her for only

Tagged Passions:parks

780 cubic feet instead of 13,794 cubic feet.

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Ms. Rshonda Corpening, 727 Elizabeth Avenue. To Speak

Concerning an Abandoned Property Next Door

Tagged Passions:property and abandoned property registry

Christopher Carrothers sent pictures of the dilapidated vacant building

adjacent to Rshonda Corpening's. Ms. Corpening is requesting all pertinent information

in regards to purchasing to remove this eye sore from her community and mostly from

Tagged Passions:purchasing

next to her home. With a building being vacant it attracts rodents, snakes and vagrants

who may or may not partake in illegal activities and she feels her personal safety is being

compromised.

The City Manager noted that the Albemarle Police Department had made

Tagged Passions:public safety, administrator, and manager

contact in the past with a state association regarding maintaining and securing this

property. This resulted in improvements for a period of time. In terms of removal of the

Tagged Passions:property

structure, we cannot take any action as this is a non-residential structure and we do not

have a commercial maintenance code in place.

Tagged Passions:commercial

In advance of the meeting Tuesday evening, the City Manager asked the

Tagged Passions:administrator and manager

Police Department to make contact with the State Elk s Association to let them know the

Tagged Passions:public safety

problem this property is creating. Police Chief David Dulin stated at the Tuesday

Tagged Passions:public safety and property

evening Council meeting that he had spoken with William Smith, the District Deputy for

the Improved Benevolent and Protective Order of the Elks (IBPOEW) and he has advised

that the Elks will be in contact with a Realtor to place the property up for sale. He did not

Tagged Passions:sale and property

give a date but advised they are working on it now.

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Dr. Laura Harbeson, 2620 W. Main Street - To Discuss Recent

Tagged Passions:streets

Changes to the Rules for the Keeping of Horses

Tagged Passions:pets

The changes enacted by City Council on August 5 have made her

Tagged Passions:council

previously compliant operation now non-compliant and Dr. Harbeson would like to

address City Council regarding this matter. She has also provided several letters of

Tagged Passions:council

support for her operation. Dr. Harbeson reviewed with Council the binder information

Tagged Passions:council

that she gave to each of them. She stated the name of her firm as Creative Counseling

Learning Solutions and the name of her rescue/therapy horses Sage and Saffron. They are

Tagged Passions:pets

certified with ESARA as emotional support animals. Also, CCLS Family Services board

Tagged Passions:services and family services

members and their contact information. All the letter/emails that Council reviewed were

Tagged Passions:council

in the binder.

She reviewed the six items those neighbors against her had:

1. That she claims to be a counseling agency and horses rescue horses but

Tagged Passions:pets

they never see them being petted.

Dr. Harbeson s response: We are a counseling agency and horse

Tagged Passions:pets

are registered emotional support animals and are rescue horses,

Tagged Passions:pets

both having disabilities which result in no one being able to ride

them but an average of 4 clients per day work with the horses as a

Tagged Passions:pets

part of their counseling treatments. The clients, staff, counselors,

and volunteers also spend time with the horses and they are truly

Tagged Passions:pets and volunteer

loved and a crucial part of the therapeutic team.

2. They stated that the horse had gotten out of their pasture a minimum of

Tagged Passions:pets

6 times and continue to get out.

Dr. Harbeson s response: She stated that the horses got out 3

Tagged Passions:pets

different occasions in April 16, 18, and 21, 2019. The Albemarle

Police responded and assisted them with getting the horses back

Tagged Passions:pets and public safety

into their pasture. The solar panel box failed to produce power to

Tagged Passions:solar power

the electric fencing so the horses were able to maneuver through the

Tagged Passions:pets and electric

gate. The solar panel box was replaced and we installed an

Tagged Passions:solar power

additional reinforced gate. Since this was installed over 4 months

ago, the horses have not gotten out. 3. They claimed that they are unable to enjoy their pool for the smell of

Tagged Passions:pets

horse poop.

Tagged Passions:pets

Dr. Harbeson s response: She has someone remove the manure

from the pasture every week. They have hundreds of clients,

families, and professionals at our site and NO ONE has ever

reported concerns about the smell. Dr. Harbeson has visited the

College Park neighborhood and some that live on Poplins s Grove

Tagged Passions:parks, university, and neighborhood

Road to ask and No One stated concerns with a smell and they love

Tagged Passions:streets

having the horses close by as they were nice to look at and support

Tagged Passions:pets

us continuing to provide our services from this same location. 4. They claim that the horses are kept in a pasture that is only of an acre

Tagged Passions:pets and services

Dr. Harbeson s response: The horses are kept in a pasture that is

Tagged Passions:pets

just under 1 acres. As our horses are not ridden, cannot run due

Tagged Passions:pets

to their medical disabilities, and are constantly provided high grade

fescue hay and senior horse feed daily, our horses do not require

Tagged Passions:pets

any grass at all. Previously our pasture area was in compliance

Tagged Passions:compliance

with the City ordinance that was in place. The pasture was

Tagged Passions:ordinance

designed with the consultation of our veterinarian who is on our

board of directors, our equine specialist on staff, and Albemarle

Zoning and Planning Director s approval. 5. That the horses are kept in a metal shed that has a low roof which is not

Tagged Passions:planning, pets, and zoning

appropriate for them.

Dr. Harbeson s response: When the Albemarle Police responded to

Tagged Passions:public safety

the calls in April, they became familiar with our horses and our

Tagged Passions:pets

equine-assisted therapy programs. Two of the officers were so

Tagged Passions:program

moved by what we do and how sweet the horses were that they

Tagged Passions:pets

asked if they could help me with anything at our facility that would

Tagged Passions:facility

support the horses. She mentioned that although they had shelter

Tagged Passions:pets

from adverse weather from the trees in one part of the pasture, I

Tagged Passions:trees

was hoping to provide them with another option for getting out of

the sun, rain, cold, etc. We worked together to remove the front

wall pf a chicken coop that is in their pasture so that they could go

in and out of the shelter. The horses are NEVER kept in this

Tagged Passions:pets

shelter, ad it is not a barn or stall. It is simply a roof with 3 walls

that they can easily enter and exit. They have plenty of headroom

inside. 6. They are worried about the horses as they are not well cared for.

Tagged Passions:pets

Dr. Harbeson s response: It is irresponsible, insulting, ignorant, and

uninformed to suggest that these horses are abused and not being

Tagged Passions:pets

taken care of. They are loved and provided TONS of attention from

clients, staff, and myself. Every 6 weeks the horses are visited by

Tagged Passions:pets

our farrier to have their hooves trimmed and Saffron to have

special shoes put on her front feet to treat her navicular disease in

her front legs. The horse are regularly vetted and up to date on all

Tagged Passions:pets

shots, worming treatments, and have regular checkups. Sage has

stomach ulcers from past significant physical abuse and neglect and


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