Pleasant Hill project ready to resume

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By Frances Hayes

Work on the Pleasant Hill water project should be resumed soon since contractors will be receiving payment for their work, say Ronda town officials.

Work had stopped late this spring because contractors had not been paid, said Mayor Victor Varela.

The town had not received monies from an AARA (American Recovery and Reinvestment Loan) since April, said Varela. A portion of that, money is used to pay contractors.

This week the town did receive the last installment of the $1,493,484 grant used for the extension of water lines to eastern Wilkes. Announcement of the grant to Ronda was in July 2009.

Town officials received the last installment of $41,610 on Wednesday, said Lahoma O’Lague, town administrator. The money came from N.C. DENR (Department of Environment and Natural Resources.)

Work on the pump station for the Pleasant Hill area should begin soon, said town officials. Also uncompleted are meter installations in the area, said Mrs. O’Lague.

The project is extending lines from the water tower in Ronda town limits, across to Little Elkin Church Road on to Austin-Traphill Road. From there lines have been extended to C.B. Eller School Road, C.B. Eller School and then on to the Pleasant Hill community and back up to Austin-Traphill Road.

The money was loaned to the town with a 20-year, 0 percent interest rate. Half of the principal amount will be forgiven, according to town officials. A letter notifying the town of its approval came from T. Vance Holloman with the Local Government Commission, based in Raleigh.

Park equipment

During Ronda’s Tuesday night meeting, commissioners heard updates on several projects.

Commissioners expect to hear in September about grant approval for work at Memorial Park, the town’s park on the Yadkin River.

Earlier this year, the town applied for the $50,000 grant to help fund permanent bathrooms costing $30,000 and playground equipment costing $20,000 at the park.

Currently the park includes a half-mile walking trail, picnic table and shelter, swings and monkey bars. It also has a boat dock onto the Yadkin River, the last designated one in Wilkes.

A committee for improvements to the park have looked at playground equipment. The town could pay for the equipment if it does not receive the grant. Plans include new swings, seesaws, climbing equipment, horseshoes and a basketball court.

Ordinances

Commissioners were given copies of a proposed nuisance ordinance written by Benchmark of Kannapolis. A nuisance ordinance would restrict junk cars in the yard and other upkeep issues. Benchmark is a firm that writes and enforces town ordinances.

Varela asked that commissioners make any needed changes for the nuisance ordinance, which will be discussed during the August meeting and hopefully approved in the September meeting.

Commissioners were also given copies of the Wilkes County noise ordinance to consider for the August meeting.

The noise ordinance will tentatively be approved in August. It is being considered because of frequent complaints about “rowdy houses” in town limits, said Varela.

Adoption of the ordinance would make it easier for the Wilkes Sheriff’s Department to answer complaints, said Varela.

Open forum

An open forum session preceded the meeting. Speaking were Manuel Wood and Kevin Reece.

Wood asked the town to put a turn-around or cul-de-sac at the end of Gwyn Street. Commissioners agreed to have Lahoma O’Lague get in touch with a contractor to see how much it would cost.

Wood said the turn-around was necessary because of buses and other traffic on the road. He said it could be placed on land owned by the town.

Reece asked for reimbursement for a 50 lb. bag of grass seed he had used after construction work for the town. Town commissioners agreed to look into it.

Reece thanked commissioners for hiring Tim Blackburn for maintenance work in the town.

The meeting concluded with an executive session to discuss personnel issues.

NEWS SOURCE

Legality of town's used-car dealer law questioned

Salisbury limits number of dealers

By Angeljean Chiaramida

SALISBURY — The dust hadn't settled on the bankruptcy auction two weeks ago that liquidated the assets of Fraser Automotive's used-car dealership and service center, when another businessman petitioned selectmen to revoke Chris Fraser's license to sell used cars and transfer it to him.

The reason for such swift action is that used-car, or Class II, business licenses are in high demand in Salisbury, since the town limits the number it issues. The history of restricting used-car dealerships in Salisbury goes back to 1996 when a bylaw was passed at the October Town Meeting limiting the number to 15, Town Clerk Wilma McDonald said.

But questions are arising over whether the town's policy is legal. Some argue that state law doesn't allow towns to arbitrarily limit the number of licenses.

In Salisbury, holders of those licenses rarely give them up, even though they may appear to be used-car dealers in name only, selling few if any cars a year. But demands for licenses has been heavy, with business owners trying to get around the limit in creative ways, without much luck.

In October 2010, Town Manager Neil Harrington petitioned Town Meeting to raise the number from 15 to 17, which was done. But no sooner had the additional two licenses been approved, then demand was back again.

Selectmen tabled the request to revoke Fraser's license, questioning the legality of such an action. Instead, they decided they would discuss the request and the overall issue of the Class II and III licenses at their workshop planned for Monday. The hope is that selectmen will be able to clarify the concerns involved and move forward.

Chuck Takesian, a former Salisbury selectman and current chairman of the Salisbury Chamber of Commerce, said there was little opposition against limiting used-car dealerships in 1996. Although the state restricts the number of liquor licenses in all communities, Salisbury doesn't put a cap on any other type of business in town.

"I wasn't on the Board of Selectmen at the time," Takesian said. "I believe the reason to limit (used-car dealerships) was because people just didn't want any more used-car dealerships in town. Unsightliness was one of the reasons, but some said they didn't want Salisbury to become a town of used-car dealers.

"If I had been on the Board of Selectmen at the time, I would have opposed it. I've always been one to say that the free market should decide. If the Registry of Motor Vehicles approves the dealer plates, I don't think there should be a limit on the number of licenses."

Takesian's comments are not without foundation, based on the nation's free market system, which advocates that competition, consumers, and supply and demand regulate the economy. In 1890, Congress passed the Sherman Anti-Trust Act to prevent the limitation of competition and ensure that consumers would benefit from its effect on prices, quality and the economy.

Paul Harris, an automotive and business attorney with Boston law firm Burns and Levinson, said that Salisbury is not alone in its attempt to keep car dealers — new or used — out of their communities. A number of municipalities attempt to do the same, but the trend bucks the law, he said.

"A lot of towns say they just don't want any more car dealers in town, and they refuse them," Harris said. "But, legally, they can't. It's just bullying."

Without violating attorney/client privilege by using names, Harris said that he once took a community to court about 20 years ago after it refused to allow a new-car dealer to locate within its borders. The business had met all the requirements under state laws that regulate new, used and salvage car dealers, called Class I, II and III licenses, but the town wouldn't let it in, Harris said.

"When we got before the judge, he looked at everything, saw all the qualifications were met, and said, 'What's the problem? Issue the license,'" Harris said.

State law demands that those who want to sell new cars have franchises from legitimate car manufacturers and proper facilities to perform repairs, among other requirements, Harris said. For Class II used-car requirements, the law states that businesses must prove financial responsibility, usually with a $25,000 bond, and demonstrate the business has "access to repair facilities" to satisfy the used-car "lemon law," he said. Also, the sale of the used cars should be the primary business conducted at the site, he said.

The state does allow communities to limit the number of Class III, or salvage car dealers, licenses, probably because of the nature and appearance of the "junk yard" businesses, Harris said.

Communities can use zoning to restrict the types of businesses in certain areas, by declaring them residential, commercial or industrials zones, Harris said. And planning boards often have site-plan regulations that require businesses to honor setbacks, density, drainage, landscaping and other aesthetic regulations. But if land is available in the appropriate zone, and a business owner satisfies all the community's site plan requirements and the state criteria, Harris said he believes selectmen can't refuse to issue a license.

"Business licenses are not zoning," Harris said. "Cities and towns that have regulations that restrict new- and used-car dealerships usually back down when pushed. They may enter into negotiations with the dealer and come to some compromise. They may ask for something like a traffic light or money for a stoplight or for a piece of equipment.

"Dealers usually comply, because it's less expensive than going to court," Harris said.

NEWS SOURCE

Washington County hit by rash of junk car thefts

BARTLESVILLE, Okla. - The Washington County Sheriff's Office has been investigating a recent rash of scrap metal thefts occurring in rural parts of the county.

“This stealing of junk cars has become a real issue,” he told 2News Wednesday morning, saying the price of scrap metal is high and because of this “junkers” are making money.

Stolen from properties in rural areas around the county and in adjoining counties have been a number of broken down junk cars. Scrappers have been trespassing unto property, loading up cars, then heading off to the scrapyard where they will leave the cars for cash.

Johnson said the sheriff's office took a report Tuesday of two such vehicles stolen off a piece of land just off of U.S. Highway 75 off 3600 Road in the southern part of the county.

Last Friday, such a vehicle was taken from a property in rural Vera.

A deputy driving in that section of the county, seeing an abandoned car on the side of the road without wheels and finding the scene suspicious upon closer inspection found the car had been dragged from a nearby burned out house. He called a wrecker to pick the car up, but by the time the wrecker showed up, the car had already been taken.

Contacting the owner of the house, the deputy learned permission had not been given to anybody to take the car.

Investigators later were able to track the car to a scrapyard where they watched video surveillance and they identified a possible suspect.

“We have a person of interest in mind and the matter is under investigation,” said Johnson. He believes the three recent thefts may all be linked to the same person, he said.

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Planning and Zoning approves junk car rules

Strong words and strong opinions dominated a discussion of new rules over the number of unlicensed vehicles a rural landowner is allowed, as the Natrona County Planning and Zoning Board approved some long-debated changes to a revised ordinance last week.

The issue has been contentious for more than a year, since the county stepped up its enforcement of the current law, which allows no unlicensed vehicles in the county unless they’re part of an agricultural operation. The commissioners’ regulatory action took most property owners by surprise, as there had been virtually no enforcement in the past 30 years. The resulting outcry led to a committee being formed to review the law and the development of the new regulations that passed the board last week. The Board of County Commissioners, however, must still approve the measure before the regulations can take effect.

The proposed new ordinance allows landowners to apply for a conditional use permit, with the number of vehicles permitted dependent on lot size and zoning district. A number of people spoke for and against the regulations at the meeting.

Keith Goodenough, a Casper City Council member and former state legislator, noted the long-standing lack of enforcement or compliance. Goodenough suggested giving latitude on bringing everyone into compliance.

“I realize you’re in a bad position because I believe what happened is the state statutes have been ignored for as many years as they’ve been in place, and now all of sudden there’s a push to bring people into compliance who have for 60 or 70 years been ignoring state law. So I don’t envy you your task,” Goodenough said.

He further questioned the $300 fee, saying, “ ... that seems like an excessive amount to me.”

His recommendations were taken up by the board, which voted to lower the fee to $100 and waive it for the first year after the law goes into effect.

Meanwhile, not everyone was as willing to compromise on the new regulations.

Former Natrona County Commissioner Barb Peryam excoriated the commissioners for their enforcement action (which began while she was still on the commission), and said the whole process should start over.

“It’s been repeatedly pointed out by several of you that this has been a process that has included a committee that has been from both sides of the isle, so to speak,” Peryam told the board. “I would like to categorically state that that, in my opinion, isn’t true, that isn’t what happened.”

Peryam said there was little give and take, and most of the recommendations made by the “car collectors” weren’t included in the final ordinance. She further called it a “power grab” by the commissioners and questioned whether it exceeded their constitutional authority.

“In this proposal we have several, several takings of power by our board of commissioners,” Peryam said. “I think you’re setting a hugely dangerous precedent when you start messing around with a specific group of people [car collectors] and you’ve made this very, very specific.”

Others also objected to the ordinance, with several saying it threatened their livelihoods and violated property rights.

“If you destroy those cars, or take ‘em off my property, that would be the same as stealing my land, or my property, or my house, or my shop ...” said Rick Thurston, who owns Rick’s Rod Shop in Casper.

Another resident, John Stevenson, said some would be unable to comply with the law due to old age or ill health.

“You’re creating laws to make people lawbreakers,” Stevenson commented.

Meanwhile, there were also those who supported the measure. Former Natrona County Sen. Dick Sadler, who was also on the review committee, thanked the board for its work.

“I think you’ve done a good job, with the time you have, serving on this committee,” Sadler said. “There are some things that were incorporated that I didn’t particularly care for as a taxpayer that lives in Dempsey acres, but I think ... what you’ve come up with is a pretty good project.”

Sadler has been a strong supporter for enforcement of the regulations, claiming a neighbor hasn’t been in compliance for years.

“I wish my problem in Dempsey acres was solved,” Sadler said. “I wrote to the commissioners a couple of years ago and asked for review about these violations in my area, and they said it’s hard to enforce it ... and so 18 months ago, 20 months ago, I filed a complaint, and things are still sittin’ there.”

Part of the concern is over lowering the land values of surrounding property owners.

“Trash is trash, and junk is junk, and that’s where I draw the line, because it affects my property values,” said Don Wolcott, who owns property on 8 Mile Road.

Another rural resident, Steve Shoemaker, also noted the need for a distinction between “junk cars" and valuable cars.

“There’s a huge difference between junk cars and collector cars, and if you don’t know that, you shouldn’t be in the business,” Shoemaker said.

He further commented the dispute over the issue hasn’t always been civil.

“I think that a peaceful resolution should be able to come to, peacefulness hasn’t always been brought to these meetings,” Shoemaker said

This was born out immediately after the meeting, when some of the participants exchanged loud accusations and heated words just outside the City Building, causing a call for the two sheriff’s deputies who were assigned to the session. The deputies arrived, however, shortly after the parties had left.

In their vote, the board unanimously approved the proposal, but not without some reservations.

Board member Harold Wright expressed concerns over wording that might conflict with the exemption of farming and ranching operations.

“I know most of the people in the county, that they’ve been told they’re exempt, and there won’t be any question they’re exempt,” Wright said. “And this [wording] goes against what they’ve been told, that’s the reason I bring this up.”

Wright was assured, however, that agricultural-related vehicles would remain exempt, and changing that status wasn’t the intent of the regulations.

Meanwhile, other board members said it was a beginning.

“I don’t see this as the basis of a process of taking,” said newly appointed board member George Tillman, while noting even his property was out of compliance. “If we as neighbors had taken care of our piles of pallets, pile of tires, the vehicles with no doors, no windows, and cats living in them, we wouldn’t be here doing this right now.”

“Whether this is right or wrong, it’s a start, and I believe it’s in the right direction, and that’s from my heart, and that’s the way I’ll vote,” said Gino Cerullo.

The Natrona County Commissioners have put the item on their agenda for Aug. 2.

NEWS SOURCE

E. Hanover at odds with junkyard owner

By CHRIS BROWN For The Daily News

ONO - East Hanover Township is taking a junk car yard owner to court - again.

Township Solicitor Sam Weiss told the Board of Supervisors Monday night a hearing is scheduled for 8:30 a.m. Wednesday, Aug. 17, concerning junkyard owner Rodney Weaver's failure to comply with a previous court order.

In 2006, the court ordered Weaver's junkyard located on Homestead Road confined to 7 ½ acres. The court order also required that Weaver build a fence blocking the view of the junk and allow inspectors on the property periodically to ensure the junkyard does not expand.

Township Supervisor Tom Donmoyer said Monday Weaver refused the inspector access to the junkyard in spring.

The township contends Weaver's action violated the court order. Aerial photographs of the junkyard were taken in spring, which show that it has grown, officials said.

Weiss said the township should provide the aerial photographs to the judge to show that the junkyard has expanded beyond the court-ordered 7 ½ acres. Weiss also told the supervisors to submit all associated legal bills and expenses to the judge.

NEWS SOURCE

3 On Your Side investigates back yard junk yard in northeast Jackson neighborhood

By Julie Straw

JACKSON, MS (WLBT) -

Piles of trash, abandoned junk vehicles and overgrown grass in the back yard of a home in the 5800 Canton Park Drive property was causing problems for this disgruntled neighbor.

"No matter what we do the mosquitoes are there. We have rats. We have other rodents. We have coons that come in. I don't know where they're coming in other than there," said Donna Smith who lives next door.

Last month Smith called us out to see hills of wood, tree limbs and pieces of furniture in her neighbors front yard. Friday the most of the debris and litter was removed, but Smith believes it didn't go far.

"They'll straighten things up in the front, but what they do is move things from the front yard to the back yard," said Smith.

Tevis and Cindy Shultz own the home. Their daughter Kristen spoke to the WLBT crew in June.

"There has been some problems in the past, but my dad has worked very hard all week to move and clean up," said Kristen Shultz.

This time the door shut when our camera came close to the house and a dog guarded the front door. Smith brought her concerns to the city of Jackson. As promised, a city employee paid a visit Friday afternoon.

Smith pointed out the leaning trees that are pushing over the fence, the growing number of bugs and rodents and the blue tarps she says have not moved since Hurricane Katrina.

"There is no sense in people living like that. There's no sense. Their house ought to be condemned," said Smith to the City of Jackson employee.

City spokesperson Chris Mims said there is an active case on the property and the city has warned the homeowners. He said the homeowners will have until August 15th to clean up the property before Jackson takes further action.

NEWS SOURCE

Tow truck tug of war

BY MICHAEL PANTELIDIS

American Auto Body and Recovery, an auto shop that has been accused by Maspeth residents of abandoning junk cars on neighborhood streets, has been reinstated in the Directed Accident Response Program (DARP). The program permits certain companies to tow cars from the scenes of accidents.

American Auto was suspended from the program on June 30 after failing to make their DARP book available to inspectors, and was allowed back after paying a $1,500 fine. In addition, if the auto shop violates city rules twice within the next three years, their license will be revoked.

The suspension was rejoiced by residents of Maspeth, who had grown tired of seeing damaged and unmarked vehicles littering their streets.



“For the last three years, the community has been trying to work with them,” said Anthony Nunziato, a Maspeth civic activist and business owner. “There are too many broken and destroyed cars outside. You pay high taxes for a house and all of a sudden you have derelict cars on the street, and you are breathing in gas and oil. That’s also near the entrance of Maspeth. It’s not a very welcoming site.”

Gloria La Rocca, who lives directly next to American Auto, says that over 10 damaged cars could be on the street at any one time.

“There were a lot of cars that didn’t have license plates on them and had been badly damaged in accidents,” said La Rocca. “Nobody likes it when you live here, because it doesn’t give a nice look to your home having all these junk cars on the street. I think it decreases the value of your home also.”

La Rocca, who has lived in Maspeth for roughly 70 years, noticed a drastic improvement in the weeks that the body shop was suspended from DARP, and appreciated the effect it had on the beautification of the neighborhood.

Despite constant complaints, American Auto believes their practices are no different than those of any other body shop.

“There will be times when cars will be outside, but we put them right back inside,” said Patrick Forrestal, a supervisor at American Auto. “I don’t understand what the complaints are. If this is a problem in the neighborhood, why are you coming only to my shop? Why don’t you go to the other 40 shops that do this?”

Forrestal, who believes residents’ complaints are excessive, claims that any cars on the street have been released to the owner and have not been retrieved yet.

“Once we put it out on the street for the customer, I can’t physically touch the car,” he said.

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