Town Council Gives Teeth to Planning and Zoning’s Enforcement Policy

“Sometimes we can get compliance, and sometimes we cannot get compliance.”

This basic truth spoken by Town Manager Joseph Petty at the Town Council’s work session on Monday, November 10, highlighted the sometimes-troubled relationship between local government and private enterprise, ever since the Supreme Court invested planning and zoning with police power in 1926. Ideally, Petty explained to the council, violations could be resolved through citations under the stalwart leadership of enforcement officer Daniel Wells; however, sometimes the citations are not taken seriously, and more intense enforcement becomes necessary.

The Town Council gathers for a work session on the evening of Monday, November 10. Royal Examiner Photo Credits: Brenden McHugh

Like everything worth doing, such enforcement requires money. Petty’s presentation to the council centered around the proposed reallocation of money intended for the Happy Creek Road Phase 2 project, $40,000, to planning and zoning for enforcement. As Mayor Lori Cockrell pointed out, $40,000 will not go far, but it is the start P&Z requires. It could potentially go towards shoring up a property, or, in extreme cases, demolition and disposal of materials, hazardous or otherwise. Councilwoman Melissa DeDomenico-Payne underlined, for the sake of the public, the “just cause” philosophy that P&Z must remember in all that they do. It is not reasonable to cite a house because it is ugly. There must be a connection to safety, health, and welfare.

Vice Mayor Amber Veitenthal contributed the perspective that this issue has been on the council’s radar, going back to a P&Z presentation in which there was an emphasis on proper terminology, “blighted” referring more appropriately to an area, while “derelict” is better suited to a single structure. “This may help people take the citations more seriously,” she said, adding to Cockrell’s comment that this financial support will give teeth to P&Z policy. To that, Councilman Bruce Rappaport added that such financial support makes or breaks the policy: “We either do it, or we don’t do it.” Meanwhile, Councilman Glenn Wood sought clarity on whether the lien placed on a property being cited has a mechanism for accrual of interest. The answer was yes. Whether in six months or five years or however long it takes, the Town may potentially recover the money expended on enforcement with interest added to that.

Finance Director B.J. Wilson presents two items to the council on behalf of Purchasing Manager Michelle Campbell.

Not requiring a public hearing, this item goes with a favorable consensus to the consent agenda for a regular meeting later this month. The work session was brief, lasting seventeen minutes, during which the council also heard from Finance Director B.J. Wilson about a new vendor for the management of the Town’s printing equipment, as well as a renewal of the Town’s license on Microsoft user volume. When the business of the open meeting was completed, Councilman Joshua Ingram read the motion for the council to go into a closed meeting to receive legal counsel regarding the use of Town-owned property on Winchester Pike.