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Minutes of the Temporary Council
Chambers Present:
Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla
Dorrel, Mike Joyce, Jennifer Robinson, Julie Robison and Nels Roseland A.
COMMENCEMENT 1.
Call to Order (Mayor McAlister) Mayor
McAlister called the meeting to order at Agenda
item D.9., annexation public hearing for 05-A-01 Agenda
item F.1., rezoning 04-REZ-21 / land plan amendment 04-LPA-16 Agenda
item G.1.b., waiver of rezoning waiting period _________________________ 2.
Ceremonial Opening (Mr.
Roseland) Mr.
Roseland provided the ceremonial opening. _________________________ Click on the link above to see all consent agenda items. C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS 1.
Introduction of “Cay,” Cary’s first K-9, and his handler
Jeremy Burgin; recognition of Mayfair Animal Hospital and Cary Towne
Center for their donations to the Town of Cary K-9 program.
(Chief Windy Hunter) The
mayor announced that this item is pulled from the agenda. Cay has been
diagnosed with a medical condition that will prevent him from serving in
the K-9 program. Recognition of donations to the program will be on a
future agenda. _________________________ 2.
Recognition of Marie DelForge for receipt of the N.C. Wildlife
Federation’s 2004 Governor’s Conservationist Award for Municipal
Conservationist of the Year. (Mayor McAlister) Mayor
McAlister recognized Ms. DelForge for her accomplishments. _________________________ Click on the above link to see all the public hearing items. E.
PUBLIC SPEAKS OUT (one hour time limit) Mr.
Timothy Krone stated someone alleging to be a seated council member
insulted his wife on carypolitics.com. He asked for the guilty party to
resign if it was a council member who did this. He entered a copy of the
post into the public record (Exhibit
M attached to and incorporated in these minutes). _________________________ F.
PLANNING AND ZONING BOARD REPORT DISCUSSION ITEMS
1.
Rezoning 04-REZ-21 / Land Plan Amendment 04-LPA-16 ( This
item was approved earlier in the meeting immediately following the
approval of Annexation 05-A-01. _________________________ G.
COMMITTEE REPORTS (discussion
items) 1.
Planning and Development Committee, February 17, 2005 (any item
pulled from the Planning and Development Committee consent agenda for
discussion [agenda item B.2] will be discussed during this portion of the
agenda) (Council
Member Roseland) a.
Healthy Neighborhoods Initiative (AD05-010) In
December 2004, Council directed staff to implement a Healthy Neighborhoods
initiative. The goals of
this program are to enhance the quality of life in 1)
Code enforcement officials have
completed a “windshield” survey of the 2)
A hearing was held on 3)
In the 4)
The Town’s NC Legislative
Agenda, adopted by Council at its January 27 meeting, included two items
to support the Healthy Neighborhoods effort.
Through this legislative agenda, the Town is requesting that the NC
General Assembly pass legislation that would allow the Town to define a
junk vehicle slightly more broadly and
to order, after due process, deteriorated or dilapidated housing to be
repaired in a shorter time frame. Both
of these items will give code enforcement officials more tools to work
with any reluctant property owners to bring their property into
compliance. 5)
Training is being developed for
solid waste collectors, meter readers, and police patrol officers to
identify and report potential violations throughout the Town.
As field personnel, these employees have the opportunity to see all
areas of town on a monthly or weekly basis.
They will not investigate or take action on any conditions outside
their regular duties, but they will relay the information they see to code
enforcement officers for further investigation.
This training acknowledges the fact that neighborhoods do change
over time and it is important to support neighborhoods in all areas of 6)
The minimum housing inspector,
after investigation of specific complaints, is currently following up by
also examining properties in the immediate vicinity and addressing any
additional violations. This
has helped prevent a “cascading” effect of one violation leading to
others and has been effective in addressing neighborhood concerns in a
more holistic way. 7)
Staff has developed proposed
ordinance amendments to clarify the conditions under which a violation
exists, reduce the time frames for mitigation, and added or increased
administrative fees and/or fines for non-compliance.
So far, staff has identified amendments related to solid waste,
minimum housing, and noise. After
adoption of the ordinance amendment proposals, staff will finalize a
multiphase outreach effort to educate Proposed
Ordinance Amendments The
purpose of the following ordinance amendment is to toughen the penalties
for non-compliance with orders to repair or demolish deteriorated or
dilapidated housing. It also
provides for a doubling of penalties for more than one violation per
property per year or for more than two violations per owner per year. Ordinance
Amendment This
ordinance amends Chapter 5, Sec. 5-213 (d)(3)a of the Cary Code of
Ordinances. Civil
penalty. If the owner of any
deteriorated housing shall fail to comply with an order of the inspector
to repair, alter, or improve or to vacate and close the same within the
time specified therein, or if the owner of dilapidated housing shall fail
to comply with an order of the inspector to repair, alter or improve or to
vacate and close and demolish and remove the same within the time
specified therein, or if any housing is occupied in violation of this
article or any valid order or decision of the inspector or board of
adjustment made pursuant to this article, the owner shall be subject to a
civil penalty of one hundred dollars ($100.00) for the first day following
the expiration of such order or following a determination that unfit
housing has been reoccupied in violation of this section, as the case may
be. In each instance, a penalty of Effective:
Adopted
by Council: [FYI:
The City of The
following amendment is to make the delivery of complaints and violations
for deteriorated or dilapidated housing more efficient. Ordinance
Amendment This
ordinance amends Chapter 5, Sec. 5-216 of the Cary Code of Ordinances.
Complaints
or orders issued by the inspector shall be served upon persons either
personally or by registered or certified mail. When service is made by
registered or certified mail, a copy of the complaint or order may also be
sent by regular mail. Service shall be deemed sufficient if the registered
or certified mail is unclaimed or refused, but the regular mail is not
returned by the post office within 10 days after the mailing. If regular
mail is used, a notice of the pending proceedings shall be posted in a
conspicuous place on the premises affected. If
the identities of any owners or the whereabouts of persons are unknown and
cannot be ascertained by the inspector in the exercise of reasonable
diligence, or, if the owners are known but have refused to accept service
by registered or certified mail, and the inspector makes an affidavit to
that effect, then the serving of the complaint or order upon the owners or
other persons may be made by publication in a newspaper having general
circulation in the town at least once no later than the time at which
personal service would be required under these provisions. When service is
made by publication, a notice of the pending proceedings shall be posted
in a conspicuous place on the premises affected by the complaint or order. Effective:
Adopted
by Council: The
following amendments to the Health Ordinance are proposed to clarify
enforcement procedures and extend them to all types of violations.
Ordinance
Amendment This
ordinance amends Chapter 10, Sec. 10-4 and Sec. 10-21 of the Cary Code of
Ordinances. Secs.
Sec.
10-4. Violations
(a)
Violations of the provisions of this Chapter constitute a
detriment, danger and hazard to the health, safety and general welfare of
the inhabitants of the Town and are found, deemed and declared to be
public nuisances wherever the same may exist and the creation,
maintenance, or failure to abate any nuisances is hereby declared
unlawful. In case of a
violation of the provisions of this Chapter, the town manager or designee
shall provide written notice, hereafter referred to as a Correction
Notice, to the owner and any person in possession of the subject property
naming the address of the property in violation, the specific violation,
and time period in which the violation shall be abated.
(b)
Should any owner or occupant fail or refuse to abate the violation
within the time period specified in the Correction Notice, the manager
may proceed to abate the violation without additional notice and
the cost thereof shall be charged against the subject property as follows.
The manager shall deliver to the town
Effective:
Adopted
by Council: This
following amendment to the Solid Waste Management ordinance is proposed to
clarify enforcement procedures and add an administrative fee. Ordinance
Amendment This
ordinance amends Chapter 16.5, Sec. 16.5-1 of the Cary Code of Ordinances. (a)
The collection and removal of solid
waste from premises in the town shall be under the jurisdiction of the
director of public works and
utilities. Enforcement
of the provisions of this chapter shall be under the supervision of the
director of public works and
utilities. (b)
When the public works director determines that a violation of the
requirements of this chapter exists, the director shall provide written
notice, hereafter referred to as a correction order, to the owner of the
property involved, naming the address of the property in violation, the
specific violation and a time period in which the owner or occupant shall
correct the violation. The director may also provide additional notices of
violation by other means as deemed appropriate. (c)
Should any owner, lessee or occupant fail or refuse to heed or
comply with a notice, the director may take or order direct actions to
correct the violation without additional notice and may bill the full Town
costs, including an administrative fee, thereof to the property owner.
Failure to pay the bill may result in collection action by the Town, which
may include the placement of a lien on the property until such time as the
bill is paid and if not paid within thirty (30) days, shall be collected
in the same manner provided for the collection of delinquent taxes. Effective:
Adopted
by Council: The
following amendment is proposed to enhance the quality of life by further
restricting the weekend hours that construction may occur or that
lawnmowers and other motor tools may be utilized in residential areas.
The construction work restrictions do not apply to home improvement
projects undertaken by the resident. Ordinance
Amendment This
ordinance amends Chapter 13, Sec. 13-14 of the Cary Code of Ordinances. Sec.
13-14. Sounds impacting residential life. (a)
The following acts and activities shall be unlawful in any
residentially zoned area of the town or within three hundred (300) feet of
any occupied residential structure in all zoning districts of the town:
(2)
Performing construction work or operating construction machinery
except on Monday through Friday between the hours of 7:00 a.m. and 6:00
p.m. and between the hours of
(4)
Operating lawnmowers and other motor-driven domestic tools
out-of-doors between the hours of 9:00 p.m. and 7:00 a.m. Effective:
Adopted
by Council: The
following proposed amendment is to clarify the procedure for obtaining a
permit for additional amplification or to perform construction work
outside the allowed times. Ordinance
Amendment This
ordinance amends Chapter 13, Sec. 13-16 of the Cary Code of Ordinances. (a)
Application.
Effective:
Adopted
by Council: The
following amendment is proposed to clarify, make the ordinance more easily
enforceable, and to treat all citizens equitably. Ordinance
Amendment This
ordinance amends Chapter 13, Sec. 13-17(4) of the Cary Code of Ordinances. It
shall be unlawful to operate or allow the operation of any motor vehicle
in the town: (4)
To amplify sound produced by a radio, tape player, compact disc player or
other sound-making device or instrument from within the motor vehicle so
that the sound is plainly audible Effective:
Adopted
by Council: The
following amendment is proposed to restrict the weekend hours that lawn
mowers and agricultural equipment may be used in residential areas: Ordinance
Amendment This
ordinance amends Chapter 13, Sec. 13-18 of the Cary Code of Ordinances. The
following acts and activities are exempt from the provisions of this
article: (9)
Lawn mowers and agricultural equipment used between daylight hours 7:00 a.m.
and 9:00 p.m. Monday through
Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and
Sundays when operated with all the manufacturer’s standard
mufflers and noise-reducing equipment in use and in proper operating
condition. The mowing of golf
course greens is allowed to begin at Proposed
Schedule: Committee
Meeting Date: Date
of final action by Council: Staff Recommendation:
Staff recommends adoption of the proposed ordinance amendments. ADDENDUM
Based
on the 2000 Census, the percentage of rental occupied units in TCAP is
approximately 42%. However,
TCAP encompasses parts of four census tracts, and in the north and
northwest portions. percentages of rental units run as high as 61%.
The Town-wide average of rental occupied units is 27%. While
we do not have an exact count of rental units within TCAP, the four census
tracts that generally lie within Maynard loop contained approximately
4,400 rental units in 2000, nearly 45% of all rental units in In
September 2003, a windshield survey of 556 residential buildings (635
units) within and around the designated town center area was conducted.
Each of the 556 buildings inventoried was built before 1983, making
them at least twenty years old at the time of the inventory.
Because the purpose of the survey was to gauge the need of
rehabilitation assistance for homeowners, properties containing more than
three dwelling units were not inventoried.
Staff at that time utilized an exterior checklist for each building
that took into account nine components of an exterior structure (site;
foundation; stairs, rails, and porch; exterior doors and storm doors;
windows and screens; exterior walls; siding, boxing and trim; roof and
chimney; drainage). Each
component was assigned a rank of adequate, needs minor repairs, or needs
major repairs. This checklist,
however, was not based on life/safety considerations.
For example, the absence of gutters would have caused the housing
unit to be classified as needing major repairs, but is not a life/safety
issue. Additionally, units
needing painting were classified as needing major repairs, but again this
is not a life/safety issue. The
results from that survey indicated that 73% of the units surveyed were
owner-occupied and 27% were rental. Most
of the rental units in TCAP are in multi-unit complexes which were not
included in this survey. The
survey further indicated that 20% (113) of the homes had at least two
major rehabilitation needs. Additionally,
107 units (19%) were classified as needing roof replacement.
In
2004, these results were reviewed to identify potential candidates for the
Town’s Housing Rehabilitation Program.
This more detailed review revealed that only 13 rental units
and 21 owner-occupied units were actually in need of roof replacement or
other major life/safety repairs. The
remaining repairs identified in the original windshield survey are of a
less significant nature and involve primarily painting, replacement of
gutters, and repair or replacement of wood trim. This
housing condition information is separate and distinct from the survey
recently conducted by our Zoning Compliance section which also looked at
abandoned vehicles, overgrown yards and other violations as part of the
Healthy Neighborhoods Initiative. This
survey found 242 possible violations on 189 properties.
These concerns ranged from trash in the yard to the need for
structural and cosmetic repairs. The
most common problem was trash related.
Once again, it will be necessary to perform more detailed
inspections before many of these cases can be confirmed and enforcement
procedures can be initiated. Before
any aggressive enforcement procedures are commenced, however, it is
important that a comprehensive outreach and education effort be
coordinated with the Public Information Office.
Since this initiative represents a completely different approach to
code enforcement, proactive instead of complaint-driven, we need to work
with citizens to help them understand the community standards in these
areas, as well as identify resources that may be available to assist in
these efforts. The Town’s
Housing Rehabilitation Program is designed to assist low-income and
elderly homeowners in addressing their home maintenance needs who may
otherwise be unable to afford them. In
addition to the Town’s Housing Rehabilitation Program, At
the next Planning and Development meeting, a staff report will be
presented that outlines a proposed neighborhood grant program.
This program, if adopted, would encourage residents to form
neighborhood associations which would then apply for matching grants to be
used for various neighborhood improvements projects.
Through this process, the residents would have an incentive to
organize and become involved in community issues whether related to their
improvement projects or other neighborhood concerns.
Through
a combination of efforts – education, outreach, inspection, referral to
other programs and community resources – impacts to individual property
owners will be minimized while the overall health, safety, and appearance
of the neighborhoods, as well as the community as a whole, will be
enhanced. Mr.
Roseland stated since the committee meeting the staff has included
additional information in the staff report. He stated the committee
recommends approval of the ordinance amendments and the other staff
recommendations. ACTION:
Mr. Roseland made a motion to approve the staff recommendations. Mr. Joyce
provided the second. Mr.
Joyce wants to ensure that noise on Sundays during the hours listed in the
ordinance only applies to contractors. He stated citizens may continue to
do home improvement projects anytime on Sundays. Mrs.
Robison stated the minutes of the Planning and Development Committee
meeting indicate she did not support the staff recommendation. She stated
she only needed additional clarification. She thanked the staff and Mr.
Roseland for the information they provided after the meeting. She stated
she had the opportunity to visit some existing locations. She feels this
ordinance will give flexibility in handling existing problems. She wants
to consider additional ways to tackle problem areas, specifically rentals.
ACTION:
Vote was called for on the motion to approve, and council granted
unanimous approval. (Ordinance
is also on file in the town clerk’s office.) _________________________ b.
Waiver of Rezoning Waiting Period
(PL05-027) This
item was approved earlier in the meeting. _________________________ H.
OLD/NEW BUSINESS There
were no old/new business items for discussion. _________________________ I.
LEGAL AND ADMINISTRATIVE ISSUES ACTION:
Mayor Pro Tem Smith made the following motion for closed session, which
was seconded by Mrs. Robison and unanimously approved by council: Pursuant
to G.S. 143-318.11(A)(3), closed session was called to consult with
attorneys employed by and/or retained by the Town in order to preserve the
attorney-client privilege between the attorneys and the Town. Among other
things, the council expects to receive advice concerning CRA Management
v. Town of Cary and Carpenter Land Company v. N.C. Department of
Transportation and Town of _________________________ J.
ADJOURNMENT ACTION:
At
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