REGULAR MEETING
OCTOBER 27, 2014
A regular meeting of the Sherrill City Commission was held at 7:00 p.m. on October 27, 2014. Present were Mayor W. Vineall, Commissioners M. Hennessy, P. Hubbard, J. Merrill, J. Gilbert, City Manager M. Sayles and City Clerk M. Holmes.
MINUTES
Motion was made by P. Hubbard and seconded by M. Hennessy that the minutes of the previous regular meeting be approved as written.
AYES: Hennessy, Hubbard, Merrill, Vineall
ABSTAIN: Gilbert
BILLS
Motion was made by J. Merrill and seconded by M. Hennessy that the following bills be approved for payment and W. Vineall be authorized to sign the warrant.
Fund
/ Warrant No. / Date / DollarsCity Claims on / 19 / 10/27/14 / $154,399.68
Sewer Claims on / 19 / 10/27/14 / $2,880.29
P&L Claims on / 19 / 10/27/14 / $180,978.70
Trust & Agency Claims on / 19 / 10/27/14 / $1,750.00
AYES: Hennessy, Hubbard, Merrill, Gilbert, Vineall
PARKS CLOSURE
City Manager, Michael Sayles, has announced under his authority under section 5 of Local Ordinance No. 14 that all city parks will be closed to all persons during non-daylight hours October 31-November 1, 2014. This has been an annual occurrence to help mitigate any undesirable Halloween park activities.
UTILITY BOARD APPOINTMENT
Mayor Vineall announced that he has re-appointed Jim McDaniels to a term ending in July 1, 2017.
LOCAL ORDINANCE #22 VEHICLE/TRAILER ORDINANCE
Mayor Vineall opened the floor to the 10 or so members of the public to see if there were any other questions, concerns, comments, etc. regarding the proposed ordinance. M. Holmes explained that the “official” public hearing was held at the previous meeting, but that there were a couple of questions raised that the city was getting explanation on and the commission did not act at that time. Those items were explained to the individual raising them and he was comfortable with the explanation. The proposed ordinance has not changed from the original proposal at the time of the public hearing. The two questions that came up from the public was if the ordinance effected work trailers that were used throughout the year which it didn’t and the other question was if the ordinance was going to be enforced and the city responded that it most certainly would. A motion was made by J. Merrill and seconded by P. Hubbard that the proposed ordinance #22 Vehicle/Trailer Ordinance be adopted to replace former ordinance #22 Trailer Ordinance.
AYES: Hennessy, Hubbard, Merrill, Gilbert, Vineall
The ordinance was declared adopted and a copy is below
Local Ordinance #22
Vehicle/Trailer Ordinance
Section 1. Legislative Intent. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the City of Sherrill and the safeguarding of their material rights is deemed essential to the maintenance and continued development of the economy of the City and the general welfare of its citizens. It is further declared that the unrestrained accumulation and storage of vehicles, trailers, crafts or vessels threatens said environment and citizenry thereby necessitating the regulation, restraint and elimination thereof.
Section 2. Storage Restrictions. For all parcels located within an R-1 or R-2 Residence District, the storage, whether permanent or seasonal, of all motor vehicles, trailers, campers, motor homes, boats, crafts, vessels and recreational vehicles/ATV’s (hereinafter referred to collectively as “vehicle/trailer” shall only be permitted in the side yard, no more than 5 feet further than the front of the house; and in the rear yard and shall be limited to two in number. The location of said vehicle/trailer must be a minimum of five feet from any property boundary Said restriction applies to both operable and/or inoperable vehicles/trailers as well as any materials/parts from said vehicles/trailers, when taken together, equal two vehicles/trailers.
For parcels located in a commercial districts, the above restrictions shall be the same. In the event that a commercial property owner feels that two vehicles/trailers are not sufficient to support their respective commercial activities, the property owner may apply to the Zoning Board of Appeals for a special use permit for no more than three vehicles/trailers in total provided that their respective property contains at least 16,000 square feet.
For purposes of the above restrictions, in the event the parcel does not contain a rear yard or the rear yard is insufficient to store said vehicle/trailer, the property owner may apply to the Zoning Board of Appeals for a special use permit. Said restrictions do not apply to any vehicles/trailers located in a storage structure that is completely enclosed.
Section 3. Vehicle/Trailer Repair Restrictions. For all parcels located within an R-1 or R-2 Residence District, the prolonged repair or maintenance of a vehicle/trailer in the driveway of a dwelling is prohibited. A vehicle/trailer can be located in the driveway of a dwelling for repair or maintenance for no longer than fourteen days. Permits for an additional fourteen day periods may be obtained by the City Manager upon completion of an application and the payment of a Twenty-Five ($25.00) application fee. The first application for an additional fourteen days will be granted as of right. Every subsequent application will be at the discretion of the City Manager.
Section 4. Vehicle/Trailer Sale Restrictions. For all parcels located within an R-1 or R-2 Residence District, the sale of vehicles/trailers is allowed for the residents of that property but restricted to one vehicle/trailer at any one time with the location of said vehicle/trailer contained to the driveway of the dwelling and for no longer than a thirty day time period of time. Permits for additional thirty day periods may be obtained by the City Manager upon completion of an application and the payment of a Twenty-Five ($25.00) application fee. The first application for an additional thirty days will be granted as of right. Every subsequent application will be in the discretion of the City Manager.
Section 5. Notice. For any parcels not in compliance with this ordinance, the City Codes Officer shall issue a written notice instructing the owner to remedy the violation in seven (7) calendar days. Written notice shall be accomplished by both certified, return-receipt mail to the address on record with the City of Sherrill for mailing of tax assessments and posting of the notice at the physical location, providing there is a structure at the location to accomplish the latter. If the location contains no structure by which to affix the notice, then the registered mailing shall be the only form of notice.
Section 6. Penalties. Any person violating this local ordinance, who fails to correct the violation after receiving notice, shall be liable to a civil penalty of $500 to be recovered by the City in a civil action or proceeding. Each day such violation continues shall result in an additional $100 per day penalty, up to a total maximum penalty of $5,000. The City may also maintain an action or special proceeding for an injunction or other equitable relief to compel compliance with, or to restrain the violation of this local ordinance. The use of any remedy shall not prevent the use of any other remedy hereunder. The listing of remedies herein shall not deprive the city of the use of any other remedies provided by any other provisions of law.
Section 7. Definitions – For purposes of this Ordinance, the term “vehicle/trailer” shall mean any motor vehicle, motor home, fifth wheel trailers, tent camping trailers, self contained travel trailer, open air trailers, camper, boat, vessel, craft, snowmobile, construction trailer, ATV or other recreational vehicles.
Motion was made by P. Hubbard seconded by J. Merrill to adjourn.
AYES: Hennessy, Hubbard, Merrill, Gilbert, Vineall
Michael Holmes
City Clerk