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[00:00:28]

UM, OKAY.

MR. ROLLS.

I THINK THAT YOU HAVE ASKED THEM AS THE BOARD OF ALL OF THEM WHEN WE CHOOSE NOT TO TAKE AN ACTIVE PART, IF YOU DON'T MIND.

OKAY.

THAT'S RIGHT.

RANDOLPH OR A NEW BIRD RESIDENT ARM HERE TONIGHT.

I HAD SOME ITEMS THAT I WANTED TO DISCUSS WITH THE MAYOR, BUT SINCE HE'S NOT HERE AND TOLD HIM NEXT TIME AROUND, UM, WHAT'S BEEN POURING OUT HERE AND I LIKE TO, UM, ASK ALL OF THEM WHEN YOU CAME UP TO MY RESUME AND LOOKED AROUND THE PREMISES IN OTHER AREAS AROUND TONIGHT, THE THINGS THAT I SAW WAS A COUPLE OF LOTS THAT HE HAD GROWN UP TERRIBLY.

UH, THERE'S AN OPEN DITCH THAT RUNS DOWN BESIDE HER HOUSE.

I THINK MOST OF YOU ARE FAMILIAR WITH HIM AND, UH, NOT JUST AT HER ASS, BUT ALL THE WAY THROUGH IT.

THAT DITCH WORRIES ME.

IT ALWAYS HAS, I GUESS IT ALWAYS IT'S JUST TO ME, IT'S AN EYESORE, BUT SHE HAS SOME PROBLEMS WITH THE WATER RUNOFF HERE.

I THINK WE GOT TO HAVE IT PRETTY WELL CORRECTED.

I'M NOT SURE THE BIGGEST THINGS THOUGH, TO ME, WHAT I SAW WAS THAT EMPTY LOT ACROSS THE STREET WHERE THE GRASS HAD ALL GROWN UP ALL THE WAY THROUGH TO THE NEXT STREET.

I DON'T KNOW WHO THE PROPERTY I NEVER COULD FIND OUT, BUT IT NEEDS, IT NEEDED TO BE CLEANED UP.

HAS IT BEEN CLEANED UP MS. RHONDA? YES, IT WAS OUT THERE IN THE MEANTIME, I CALLED CONTROL OFFICER AND SHE CAME UP AND TOOK A LOOK AROUND.

AND, UM, SHE, AT THAT TIME SAID, SHE'D GET UP WITH THAT.

THEY HAUL THE LOGS.

SO ABOUT A WEEK AGO, SOMEBODY CAME UP IN THE MONTH.

WE'RE CLEANING THE HOUSE, BUT THERE'S A REMAINING BUSH ALONG VISION.

COME ON THE PHONE THAT YOU'RE ON YOUR SIDE OF THE DITCH BANK OR ACROSS THE ROW FROM BOTH SIDES ALL THE WAY THE BRAIN COME BACK.

AND IT'S AN EXCESSIVE GROWTH THERE.

AND I FEEL THAT IT NEEDS TO BE CLEANED UP.

AND NOW I WONDER THAT THAT'S THE PROBLEM WITH THE OLDER IS IN THAT CAMILLE.

AND IT EXISTS ALL THE TIME.

AND NOT ONLY THAT ON THE WEEKENDS, BUT IT SMELLS LIKE SEWAGE OR SOMETHING THAT'S GOING IN THERE.

THE OTHER PROBLEM EXISTS IN A PREMISES WHERE I'VE ADDRESSED THIS BOARD SO MANY TIMES BEFORE ABOUT THAT PROBLEM, BUT, UH, I'VE BEEN TOLD, BUT ON WHAT I CAN NOT, I CAN NOT, UH, SEE, COME DOWN AND KEEP COMING DOWN HERE TO APPEAR AT ALL.

TELL ME WHAT THEY CANNOT DO WITH THEIR MONEY.

I'M A TAXPAYER.

AND ONE IS NOT JUST THERE FOR MY PURPOSES.

IT'S BEEN TO PUT A LABEL WHICH I SHOULD ROUTE THAT WE WILL WORK TO GET THAT NEIGHBORHOOD CLEAN UP.

AND,

[00:05:01]

UH, I'VE BEEN TOLD THIS ALL FALL.

ALL THE NEW WORD IS SPENDING HUGE AMOUNTS OF MONEY ON OTHER AGENCIES AND OTHER THINGS, BUT THEY CAN'T SEE FIT TO SPEND MONEY AND RUN DOWN NEIGHBORHOODS TO TRY TO UPGRADE THEM.

EPICENTER WILL DO IT'S FALL.

WE WOULD DO ALCOHOL.

AND THAT WAS ONE OF THE REASONS WHY, WHEN I MET WITH THE MAYOR DOWNSTAIRS IN HIS OFFICE, I BROUGHT THIS TO HIS ATTENTION.

HE TOLD ME TO SUBMIT AND WHY DO I NEEDED TO BE CONCERNED ABOUT, AND I DID, BUT TO THIS DAY I HAVE NOT GOTTEN HIS ANSWER.

AND THAT'S WHY I'M DOWN HERE TONIGHT BECAUSE I WAS GOING TO DISCUSS THIS WITH HIM IN THIS OPEN MEETING.

UH, CAUSE I TOLD HIM AT THAT TIME I WANTED TO DISCUSS, I WANT TO DISCUSS IT WITH HIM BECAUSE I FEEL THAT I'M A TAX PAYER AND MY CONCERNS OFF AS FAR AS MY MINE AND HAVING TO PAY TAXES ON THAT AREA.

I HAVE A PROBLEM WHEN I'M TOLD THAT THE CITY CAN, UH, UH, TAKE CARE OF PROBLEMS THAT WE HAVE IN OUR COMMUNITY.

NOW THIS IS NOT JUST AROUND MY IT'S ALL, IT'S ALL OVER THAT AREA.

AND ANOTHER THING I WANT TO BRING TO YOUR ATTENTION, UM, LAST, LAST, UH, ON SEPTEMBER THE 27TH, WHEN THE BLOCK GRANTS ROB, BEFORE I GET TO THAT, IT WAS ONE OTHER THING THAT I WANTED TO CALL THE BOARD WAS TO MAKE THAT DEBBIE AND ASSESSABLE FOR COSTS COMING DOWN IN THERE SO THAT THEY WOULD NOT CONTINUE TO, UH, UH, DAMAGED MY PROPERTY, WHICH I HAVE TO POST THERE.

AND WHENEVER THEY COME DOWN TO ME, IT DOES COME DOWN IN THAT AREA.

THEY CANNOT TURN AROUND AND GO BACK OUT THERE NOW TO BACK UP AND GO OUT.

AND A LOT OF TIMES THEY BACK OFF AS FAST AS THEY COME IN AND THEIR KIDS PLAYING IN THAT AREA.

AND I FEAR FOR THESE KIDS WHEN THESE CALLS ARE BACKING OUT AND ALSO THE LOUDER VOICES, I BROUGHT THAT TO YOUR ATTENTION.

AND, UM, AND ALSO SOMETHING BE DONE ABOUT REAL WRITTEN, UM, STATED THE DITCH.

WELL, THE NOISE, THE LOUD NOISE IS FROM THE DUKE BOX THAT THE COST COME INTO THE NEIGHBORHOOD.

I ALSO BROUGHT THAT TO YOUR ATTENTION.

NOW.

I DON'T SEE NOWHERE WHERE YOU HAVE CONSENT TO DO ANYTHING ABOUT ANY OF THE REQUESTS THAT I CAME TO PHONE YOU AND MIKE, BUT THEN HERE IN THE GENDER ALLY, I'M NOT, I'LL GO BACK TO THE GENDER.

I CALLED THE SON GERMS. GENDER DID NOT APPEAR IN THE, IN THE NEWSPAPER ON, UM, SEPTEMBER REFERRING TO THE PUBLIC HEARING FOR THE BLOCK GRANT AMENDMENTS.

THERE WAS NOTHING IN THE PAPER ON MONDAY.

IT WAS NOTHING IN THE PAPER ON TUESDAY, I CALLED THE MOOSE PAPER AND THEY TOLD ME THAT THE AGENDA HAD NOT BEEN SUBMITTED.

BUT THEN I CALLED THE SECRETARY AND SHE ASSURED ME THAT THE AGENDA HAD BEEN SUBMITTED TO THE SUN JOURNAL THAT SHE FUCKS IT OUT ON THURSDAY AND SHE DON'T KNOW WHY IT DIDN'T APPEAR IN THE PIPE.

SO HERE AGAIN, UH, THAT, UH, GENDER DID NOT APPEAR IN THE NEWSPAPER.

SO THEREFORE NOBODY, UH, KNEW WHAT WAS GOING TO TAKE PLACE AT THAT SEPTEMBER 27TH MEETING, ALONG WITH THEIR OTHER IDEAS, ALL THE AGENDA, ESPECIALLY THE PUBLIC HEARING TO CONSIDER THE BLOCK GRANT AMENDMENTS.

NOW I DON'T THINK THIS IS FAIR BECAUSE PEOPLE HAVE A RIGHT TO KNOW WHAT'S GOING ON IN THESE KINDS OF MEETINGS, BUT THEY HAD NO WAY.

AND THEY DIDN'T.

THEY DID NOT KNOW IT BECAUSE IT DIDN'T APPEAR IN THE PAPER.

SO HERE AGAIN, IF YO SELF AND QUARTER IS HERE TONIGHT, AND OR IF THE SON JOHN ARE RESPONSIBLE FOR THAT HEAD, YO UH, YOU KNOW, UM, MEETINGS OUT INTO THE PIPE, I THINK YOU SHOULD TAKE THAT UP WITH THEM BECAUSE I KNOW FOUR OR FIVE AS MUCH AS I COME DOWN HERE AND SPAM BEFORE THIS PODIUM AND MY BREAST IS BOARD.

NOTHING IS NEVER MENTIONED.

WELL, I COME BEFORE THE BULL INSERT AND I'M A CITIZEN JUST LIKE EVERYBODY ELSE.

AND I'M SICK AND TIRED OF BEING TREATED LIKE A SEPARATE CLASSES BECAUSE I AM A CITIZEN OF THIS.

UH, OH, I WAS BORN IN AMERICA.

I'M AN AMERICAN CITIZEN.

I'M NOT A FARMER.

I LIVE HERE.

I WAS BORN HERE AND I WANT TO BE TREATED LIKE THAT.

AND

[00:10:01]

I KNOW THIS ON THIS AGENDA WHERE YOU'RE GOING TO ADOPT AN ORDINANCE, ESTABLISHING THE STREET, UH, UH, THE STREET ORDINANCE PUT IN TWENTY-FIVE MILES, COME OUT OF, UM, BURN FEET.

WELL, I REQUESTED THAT HE LOADED THE SPEED ON PARK STREET, BUT TODAY I HAVEN'T HEARD ONE WORD AS TO WHAT THE CITY INTENDED TO DO.

OH.

TO GO, TO, TO MAKE THIS REQUEST.

SO WOULD SOMEONE LIKE TO ANSWER THAT MAYBE THE BATHROBE AND GIVE YOU THAT ANSWER? UH, YES.

UM, MRS. RANDOLPH, THE REQUEST FOR 25 MILES PER HOUR WITH COPS STREET LIT PROBABLY, UM, CAN GET TO THE BOARD IF THE SOUP IS MADE THROUGH ME.

AND I'LL BE MORE THAN GLAD IF, IF YOU'D LIKE FOR US TO DO THAT TO THE ASSESSMENT, EXCUSE ME.

I WOULD, I WASN'T THINKING ABOUT TWENTY-FIVE MILES AN HOUR.

I WAS THINKING ABOUT SOMETHING LIKE 20 MILES AN HOUR BECAUSE THEY'RE KIDS PLAYING IN A BLOCK FROM POPLAR STREET DOWN TO THE CAMILLE.

I AGREE WITH YOU CAUSE THERE'S A VERY SMALL STREET AND IT'S A CONGESTED KIND OF AREA AND THERE ARE QUITE A NUMBER OF CHILDREN THERE.

SO WHAT WE'LL DO IS ASK, UM, MR. MEADOWS, IF YOU WOULD TAKE A LOOK AT THAT, PLEASE, AND LET'S SEE IF WE CAN, UH, SEE IF WE CAN CHANGE THE SPEED LIMITS ON COP STREET AND THEN THE AREA IN THAT PARTICULARLY SURROUNDING AREA.

LET'S TAKE A LOOK AT THAT.

IF YOU WILL, UH, MAYOR OR WITH HIM, ONE OF THE THINGS TOO, TO CLARIFY MS. RANDOLPH, THE AMENDMENT TO CHANGE BERNIE STREET TO 25 MILES PER HOUR, WASN'T ALL BURNED STREET.

IT WAS ONLY A SMALL SECTION THAT HADN'T BEEN DONE IN THE CORRECT.

THEN IT WAS PROBABLY A ONE OR TWO BLOCK AREA THAT WAS 35 MILES AN HOUR.

SO TO HAVE IT ALL THE SAME THAT THE, BUT IT WASN'T A CHANGE OF SPEED.

THAT WAS THAT WASN'T ALREADY THERE, JUST SMALL SEX.

I THOUGHT YOU MEANT, UM, ESTABLISHING DIFFERENT STREET AS TWENTY-FIVE MILES PER HOUR.

SO WHEN YOU SAY THAT, I MEAN, I TAKE ON THE CONSIDERATION THAT YOU'RE TALKING ABOUT ORANGE LEAF HERE.

NOW, WHEN YOU SAY ONE OR TWO BLOCKS WHERE I'M SPEAKING ABOUT, UM, WE'D BE MORE THAN GLAD TO LOOK INTO THAT.

MRS. WE'RE MAKING THE, THE STREET ASSESSABLE FOR CLOCK VEHICLES.

I MEAN, YOU HAVE SERVICE UNIT, IT COMING DOWN ALL THE WAY HERE WAS COMING UP.

AND, UH, I HAVE BEEN USING THE COST, UH, FOR SOME TIME TO GO BACK AND FORTH, YOU KNOW, AND WHEN THEY COME DOWN, THEY CANNOT, THERE'S NO WAY FOR THEM TO TURN AROUND AND GET OUT NO WAY.

IN THE END, ALL THE SERVICE VEHICLES COME DOWN.

LIKE YOU'RE ALL IN TROUBLE.

THERE'S NO WAY FOR THESE PEOPLE TO TURN AROUND AND GET OUT OF IT.

AND I THINK THAT'S SORRY, THAT'S THERE THAT BLACK AND WHITE SIGN THAT'S THERE SHOULD BE MOVED BY.

AND THAT SPEECH SHOULD BE MADE ACCESSIBLE SINCE IT'S A DEAD END BECAUSE THE COME IN AND OUT OF THERE AND GET OUT WITHOUT HAVING TO DAMAGE OTHER PEOPLE.

THAT'S A GOOD SUGGESTION.

I REMEMBER YOU HAVING THIS PROBLEM A WHILE BEFORE, AND WE TRIED TO OPEN UP THE STREET TO THE, TO THE RIGHT AND IT DIDN'T WORK OUT BECAUSE PEOPLE WERE GOING AND COMING.

AND SO WHAT WE'LL DO IS MR. MEADOWS, IF YOU WILL, FOR ME TO TAKE A LOOK AT THAT PROPERTY AT THE END OF THAT STREET AND SEE IF IT FEASIBLE TO CALL THE SAC OR SOMETHING THAT TURNED AROUND THERE, I DON'T KNOW WHO THAT LAND BELONGS TO US.

THAT PARTICULAR LAND RIGHT BESIDE THIS IS RAN BY .

I SPOKE TO THE SERVICE.

I SPOKE TO THE OFFICER, UH, TODAY, UH, ABOUT THE AREA.

AND HE SAID IT WAS STILL SO THEREFORE, YOU KNOW, HE'S NOT IN THE AREA, BUT I WOULD APPRECIATE IT BECAUSE I'VE HAD TO CALL TO, UH, BUSINESS, UH, WITHIN THE YEAR, I THINK LAST YEAR TO COME OUT AND READ PLACE.

THESE PUMPS THAT THEY GOT KNOCKED OUT, THEY CAME BACK OUT AND THEY LIKE, THEY DON'T SEE MEN IN THEM, DOWN IN THE GROUND, BUT THERE WERE TIMES WHEN I WAS COMING UP AND TO GET THEM, THEY WOULD TAKE OFF.

AND I DON'T KNOW, WHO'S DOING THE CHAIN UP THERE.

THEY JUST USE MY YARD.

DO DO THAT.

OKAY.

THANK YOU, MS. RANDOLPH.

AND WHAT WE'LL DO IS I'M SURE ON BEHALF OF THE MAYOR, THAT HE WOULD BE GLAD TO ADDRESS THE CONCERN YOU ADDRESSED TO HIM.

AND I'LL ASK

[00:15:01]

HIM IF THERE'S SOMETHING I CAN DO TO ASSIST IN WORKING THOSE PROBLEMS OUT.

OKAY.

THANK YOU VERY MUCH.

WILL THERE BE ANY OTHERS WHO HAVE ANY REQUEST OF PETITIONS FOR THE VARIAN BOARD OF ALDERMAN TONIGHT? MY NAME IS ZANA PRESENT HERE, AND I HAVE A PIECE OF PROPERTY.

IT'S ABOUT, I SAY A QUARTER OF A MILE FROM A STATE ROOM AND I DON'T HAVE SEWAGE THERE.

I HAD A TRAILER AND THEY SAID IT ALL TO ME TO GET THE SEWAGE AND HAVE TO PAY $5,000.

SO EVERYBODY CALLS, BUT THERE'S AN EASEMENT FOR A RULE AND TO COME DOWN THE ROAD, I DON'T SEE WHY IT COULDN'T BE DONE.

AND I WANT TO KNOW, ARE THEY GOING TO EXTEND THE SEWER AND ME? OKAY.

MR. HARTMAN HAS ADDRESSED THAT.

WHERE DO YOU LIVE? MA'AM PLEASANT HILL.

WE WENT WEST.

OKAY.

I THINK I'M ABLE TO, WHERE ARE YOU TALKING ABOUT? UH, THE CITY POLICY AT PRESENT IS NOT TO OPEN ANY, UH, ADDITIONAL ROADS AT THIS TIME.

AND SO, UH, THE BEST I THINK THAT WE CAN DO RIGHT AT THIS POINT IN TIME UNDER EXISTING CITY POLICY IS FOR YOU TO EXTEND THE SERVICE TO YOUR TRAILER.

THAT'S WHAT I NEED.

I'M GOING TO PAY $5,000 WHEN EVERYBODY DOES EVERYTHING FOR THE STUDENTS AS WELL.

NOT EVERYBODY IS GETTING IT AND, AND OTHER PEOPLE WHO COULD GET IT OR WHO WOULD LIKE TO GET IT, WE'D HAVE TO PAY MORE THAN $4,000 IN ORDER TO GET IT.

BUT I'LL BE GLAD TO DISCUSS THIS WITH YOU SOMETIME DURING THE WEEK, THIS UPCOMING WEEK, IF YOU'RE GOING TO BE HOME, I'LL BE GLAD TO GIVE YOU A CALL, GO OUT AND LOOK AT YOUR SITUATION AGAIN AND WE'LL SEE WHAT WE CAN.

WELL, ALL I CAN TELL YOU IS WHAT CURRENT CITY POLICY IS.

MAYBE ONCE WE TAKE A LOOK AT IT AND THINK ABOUT IT REAL HARD, IT MIGHT BE SOME OTHER ALTERNATIVES.

I RECALL, UM, MR. HARTMAN, AND I WENT TO THE AREA AND YOUR TRAILER SITS BEHIND SOMEONE ELSE'S LOCKED.

AND I RECALL THERE BEING, SOMEONE SAID THAT IT WAS OKAY FOR YOU TO EXTEND YOUR PIPELINES FROM THERE TO THE NEAREST PIT, WHICH IS AT THE END OF THE PARKWAY.

YEAH.

THE END OF THAT RIGHT AWAY.

AND YOU'RE SAYING THAT COSTS 5,000 HOMES.

WELL, THAT'S WHAT MR. HOFFMAN TOLD ME.

NO, I DIDN'T TELL YOU 5,000 AND SOME ENGINEER MAY HAVE TOLD YOU THAT, OH, YOU AND MS. ME CAME OUT THAT DAY AND LOOKED AT IT AND YOU SAID, AND HAD TO HAVE IT COME BACK.

THEN I WOULDN'T HAVE TO PAY $5,000 IN MY ANSWER WHERE YOU GET $5,000 FOR THE PIP TO COME BACK THAT THEN I HOME SAY, NO, THAT YOU'RE TALKING ABOUT.

HE PROBABLY EXPLAINED TO YOU THAT WHAT YOU WOULD NEED IS A PIT AT THE END OF THE POPULAR, EVEN AT THAT, THE, YOU WOULD HAVE TO EXTEND YOUR PIPES.

I UNDERSTAND THAT, BUT YOU DON'T HAVE THAT FOR ME.

RIGHT.

OKAY.

WHY DON'T WE TAKE ANOTHER LOOK AT THAT? CAUSE I KNOW, I BELIEVE THAT THERE WAS A PIT SOMEWHERE IN THAT VICINITY, HOWEVER THAT THE HOUSES IN FRONT OF YOUR TRAILER ARE SERVED BY A PIT I'M TRYING TO HIT A WELL OR SOMETHING THAT YOU CALL IT A SEPTIC TANK SERVE AS ON THAT STREET AND RIGHT AWAY.

THAT'S YEAH.

THAT'S OPEN STREET.

WHY DON'T WE HAVE THE ENGINEER TO COME OUT AND TAKE A LOOK AT IT? SO WE WON'T BE, I'M GUESSING, YOU KNOW, HOW MUCH IT WOULD COST OR WHAT IT WOULD ENTAIL.

OKAY.

OKAY.

WHO WILL DO THAT? THEN WE WILL COME OUT AGAIN.

WE'LL MAKE SURE THAT SOMEONE CONTACTS YOU.

THANK YOU VERY MUCH.

OKAY.

WILL THERE BE ANYONE ELSE WHO WOULD LIKE TO BRING ANY REQUEST OF PETITIONS BEFORE THE BOARD TONIGHT? MADAM MAYOR PRO TEM.

I LIKE TO MAKE A MOTION THAT WE OPEN THE PUBLIC HEARING CONCERNING, UM, ADULT ESTABLISHMENTS.

SECOND, WE'LL BE OPEN THAT YOU GO TO.

OKAY.

SO THERE ARE NO OTHER REQUESTS IN PARTICIPANT TO MAKE SURE THEN WE'LL MOVE TO THE NEXT SIDE.

OKAY.

AND THE NEXT ITEM IS A PUBLIC HEARING TO CONSIDER AMENDING ARTICLE SIX OF THE SUPPLEMENTARY USE REGULATIONS, SECTION 15 DASH 1 69 OF THE NEW BIRD LAND USE ORDINANCE TO REGULATE THE LOCATION OF ADULT ESTABLISHED TO REQUIRE A MINIMUM DISTANCE BETWEEN PROPOSED ESTABLISHMENT AND RESIDENTIAL DISTRICTS, CHURCHES, SCHOOLS, AND OTHER ADULT ESTABLISHMENTS AND ARTICLE

[00:20:01]

FIVES, TABLE PERMIT USES.

NOW THE LAND USE ULTIMATE ORDINANCE.

SO AS TO PERMIT THE USE OF ADULT ESTABLISHMENT IN THE C3 COMMERCIAL DISTRICT, AND I WON, OKAY.

INDUSTRIAL DISTRICT AND I TWO INDUSTRIAL DISTRICT UPON INSURANCE AND A SPECIAL USE PERMIT, WILL THERE BE ANY WHO WOULD LIKE TO SPEAK? AND WE, WE GOT THIS ISSUE.

OH, THAT'S RIGHT.

I'M SORRY.

MAX HAD A STATEMENT.

UH, SOMETHING HAPPENED YESTERDAY.

THAT WOULD ALMOST BE COMICAL TO ME IF IT WEREN'T, IF IT WEREN'T SUCH A SERIOUS MATTER.

I GOT A CALL FROM THE LADY WHO HAD STOPPED AT A SHOP ON THIS BOULEVARD, WHICH APPEARED TO BE CLOSED, BUT THE GENTLEMAN'S CAR WAS THERE.

SO SHE TRIED TO FIND A TELEPHONE SO SHE COULD CALL THE BUSINESS AND SEE IF INDEED HE WAS THERE.

AND SHE DROVE A SHORT DISTANCE DOWN THE STREET AND SAW A SIGN OUT FRONT THAT SAID, MAX IS VIDEO.

AND THE SENSE I OWN VIDEO STORES AT ONE TIME ASSUMED THAT I HAD OPENED ANOTHER VIDEO STORE AND WENT INSIDE AND GOT HIM VERY QUICK LESSON IN ANATOMY AND ADULT BOOKS AND ADULT VIDEOS AND ALL THAT.

AND I WANTED TO START THIS PUBLIC HEARING BY LETTING EVERYBODY KNOW THAT IN NO WAY, SHAPE OR FORM, AM I CONNECTED IN ANY WAY FOR THAT SHOP AND NO VIDEO STORE I HAVE EVER OWNED HAS EVER SEEN AN X-RAY THE VIDEO IN THE SIDE.

YEAH.

NEVER HAD, I DON'T HAVE ANY USE FOR IT.

NEVER WILL, BUT I WANT TO MAKE IT VERY CLEAR BECAUSE MY NAME BEING LEGALLY MAC, BUT EVERYBODY KNOWS ME AS MAX AND THE MAIN MAX WITH TWO X AS BEING ON THE FRONT OF THAT STORE.

I JUST WANT TO CLEARLY UNDERSTOOD NO, NO WAY.

SO ONE OF THE THINGS THAT THE LADY WAS VERY UPSET BY IT AND SHE HAS PNEUMONIA AND CANNOT BE HERE TONIGHT, BUT SHE DID COME BY AND LEAVE A NOTE THAT SHE WANTED ME TO READ AS A STATEMENT IN THE PUBLIC HEARING.

HER NAME IS SALLY ARTHUR.

AND THE STATEMENT IS I DO NOT FEEL THIS ESTABLISHMENT IS PROPER OR NECESSARY IN OUR AREA FOR CHRISTIAN MORAL STANDARDS.

IT WILL AFFECT SOME FAMILIES AND THEIR CHILDREN AND MANY CRIME MAY CAUSE A BREAKDOWN OF THESE FAMILIES.

I KNOW FROM PERSONAL EXPERIENCE, WHAT IT CAN DO TO A FAMILY, SHE WANTED IT TO REGISTER HER VOTE AS BEING VERY MUCH IN FAVOR OF LIMITING WHERE THE SHOPS CAN BE LOCATED.

AND THAT'S IT.

OKAY.

THANK YOU.

SO NOTICE, REMEMBER, MAX DOES NOT OWN THAT.

OKAY.

FIRST BEFORE WE OPEN A PUBLIC HEARING, I'D LIKE FOR MIKE AVERY, OUR CITY PLANNER TO ADJUST THIS ISSUE SO THAT WE CAN ALL UNDERSTAND WHAT'S GOING ON.

OKAY.

IT'S CALLED PASSING THE BUCK.

OKAY.

MALE PROTIUM LEAD.

AND THE MEMBERS OF THE BOARD, THIS ORDINANCE WAS CRAFTED BASED ON A CONCERN ABOUT ADULT ESTABLISHMENTS AND THE STAFF HAS CANVASSED MANY AREAS IN THE STATE, MANY LOCALITIES, AS FAR AS DETERMINING WHAT TYPE.

SO MODEL ONE, IT SAYS THEY DO HAVE ONE OF THE BOOKS WE DID, UH, DECIDE ON USING THE ORDINANCE FROM WESTERN CELL.

AND, UH, WE'VE HAD IT REVIEWED BY THE CITY ATTORNEY WHO ALSO FELT THAT A TOTAL BAN ON THESE TYPES OF ESTABLISHMENTS WOULD BE ILLEGAL.

AND BASED ON THE MODEL OF COORDINATES FROM WESTERN SOUTH, YOU'D HAVE THE, FOR YOU IN THE ORDINANCE THAT WE THINK WOULD WORK HERE IN NEWBURN, THE PLANNING AND ZONING BOARD MET ON THE 7TH OF SEPTEMBER AND THEY RECOMMENDED A TOTAL BAN ON ADULT ESTABLISHES.

AS I'VE STATED, THE CITY MANAGER DID DETERMINE THAT RATHER THE CITY ATTORNEY DIDN'T DETERMINE THAT A TOTAL BAN.

UM, OKAY.

EXCUSE ME.

UM, DOES ANYONE HAVE ANY QUESTIONS FOR MR. JOE? NO.

I JUST WANT TO MAKE A COMMENT, YOU KNOW, BEFORE THE PUBLIC HEARING BEGINS THAT I SEE A LOT OF PEOPLE WHO ARE OUT IN THE AUDIENCE WHO ARE INTERESTED IN THIS ISSUE.

AND MANY OF THEM I KNOW HAVE AFFILIATED WITH SOME WELL ESTABLISHED CHURCHES IN THE AREA.

AND, UM, IT JUST, I JUST WANT YOU TO KNOW THAT WE CAN'T, YOU KNOW, DEBATE ON WHETHER OR NOT WE APPROVE OF ADULT ENTERTAINMENT CENTERS OR WHATEVER

[00:25:01]

THAT HAS ALREADY BEEN RULED UPON BY THE UNITED STATES SUPREME COURT WHAT'S UP SEEN.

AND SO THIS IS NOT ABOUT TRYING TO DEBATE THE MORALITY OF THESE ESTABLISHMENT, BUT RATHER WHAT WE'RE TRYING TO DO IS TO REGULATE THE LOCATION OF THESE TYPES OF ESTABLISHMENTS.

IF IN FACT THEY BECOME A PROBLEM IN NEWBURN RIGHT NOW, WE DON'T HAVE A PROBLEM.

BUT WHAT WE'RE TRYING TO DO IS SIMPLY TO NIP IT IN THE BUD, JUST IN CASE SOMEONE DECIDES TO OPEN UP THAT KIND OF BUSINESS HERE IN NEWBURN, BUT WE CAN'T BAN THESE ESTABLISHMENT BECAUSE WHEN WE WERE SWORN IN AS ALDERMAN, WE TOOK AN OATH TO UPHOLD THE LAW OF THE UNITED STATES AND THE LAWS OF THE STATE OF NORTH CAROLINA, SINCE THIS AREA OF LAW HAS BEEN PREEMPTED BY THE UNITED STATES SUPREME COURT, MEANING THEY'VE ALREADY RULED ON THIS ISSUE.

WE CAN'T JUST ISSUE IN ALL, ALL OUT BAN ON THESE TYPE OF ESTABLISHMENT, BUT RATHER WE CAN LOCATE.

WE CAN REGULATE ROBERT THE LOCATION OF THESE ESTABLISHMENT.

AND WHAT WE'RE TRYING TO DO IS TO KEEP THEM FROM CLOSE PROXIMITY TO RESIDENCE SCHOOLS AND CHURCHES.

AND THAT'S ALL I WANTED TO SAY.

IT DOES NOT AFFECT THAT AT ALL.

AT THIS POINT, SINCE IT IS ILLEGAL BUSINESS AND IT WAS ESTABLISHED BASED ON EXISTING ZONING ORDINANCES, UM, YOU DO HAVE THE OPTION OF CAMEL RISING, ANY NON-CONFORMING BUSINESSES.

DADDY IS TO GIVE HIM A PERIOD TO COME INTO THE CLASS, WHICH IS WHAT, UH, OSLO COUNTY AND I BELIEVE JACKSON HAS DONE.

UH, WE'RE LOOKING NOW AT A SITUATION THERE WHERE THEY'VE SOMEWHAT MOVED OUT OF THOSE AREAS INTO THE SURROUNDING COUNTIES AND CITIES BASED ON AMORTIZATION PERIOD WAS SUGGESTING THAT, UH, WE'LL BE IN A PRETTY SOON, HOW LONG WAS THAT PERIOD? THEY GAVE THEM ABOUT FIVE YEARS.

WE PUT THAT IN NOW.

NO, IT IS NOT IN THE ORDINANCE.

DOES IT NEED TO BE, UM, METAPHOR WAS OUT LAST WEEK AND HE SAID, CASE MODELS SORT OF ALMOST POSSESSION OR NOT.

AND HE STATED THAT HE DIDN'T FEEL THAT WAS APPROPRIATE TO THIS TIME AT ANY ORDINANCE.

THE BOARD WOULD LIKE TO SEE THAT PURSUED.

YOU WOULD PURSUE THAT, BUT YOU SAID THERE WASN'T ANY CLEAR DIRECTION REALLY SETTLE ON BOTH SIDES.

WELL, LET ME ASK YOU SOMETHING.

ARE THERE ANY ADULT ESTABLISHMENTS IN THE CITY LIMITS ON BOULEVARD? UM, NO.

I DON'T KNOW.

JUST THAT IN THE LAST FEW WEEKS FOR THE SAKE OF INFORMATION, IF, IF I MAY LET ME INTRODUCE TO YOU, I HAVE HER TO INTRODUCE TO YOU FOR I NOT VERY GOOD WITH HER LAST NIGHT.

UH, THIS YOUNG LADY WHO WAS SITTING BESIDE ME IS HERE, UH, IN MR. VOICE PLACE SINCE HE'S OUT THIS EVENING.

AND I'D LIKE FOR HER TO GIVE US, UH, KNOW WHAT THE LAW SAYS IN REGARDS TO, IF YOU INTRODUCE YOURSELF FIRST, HI, I'M STACY BUTTENHEIM AND I'M AN ATTORNEY WHO'S SPECIALIZED IN THE MUNICIPAL LAW HAS DONE FOR FIVE YEARS.

WHAT YOU'RE DEALING WITH WHEN YOU DISCUSS THE DELTA ESTABLISHMENTS ARE FIRST AMENDMENT, WHICH ARE PROTECTED BY THE CONSTITUTION UNITED STATE, UM, AS WAS SO ELOQUENTLY SPOKEN BY YOUR ALDERMAN.

WE CANNOT TURN AND TURN IT RIGHT.

UH, DETERMINED THE MORALITY OF ADULT ESTABLISHMENTS.

ALTHOUGH NUDITY IS PROHIBITED BY THE STATE OF STATE LAW.

IT IS A DIFFERENT SUBJECT, BUT YOU CAN ESTABLISH A MINIMUM DISTANCES BETWEEN SCHOOLS, DAYCARE, CENTERS, CHURCHES, AND ALSO ADULT STABLISH UNITS.

FOR THESE, EVEN THESE MINIMUM REQUIREMENTS HAVE TO BE REASONABLE.

YOU CAN'T SAY THREE MILES IN BETWEEN TWO FADDISHNESS.

YOU HAVE A REASONABLE REQUIREMENT THAT YOU HAVE TO MEET HERE.

THE ONLY CRITICISM I WOULD HAVE OF YOUR, OF YOUR ORDINANCE IS THE PREAMBLE.

THERE NEEDS TO BE A PREAMBLE THAT DISCUSSES THE REASON FOR THE ORDINANCE.

AND THAT IS ONE THAT IT'S NOT

[00:30:01]

TO PROHIBIT AND DELTA ESTABLISHMENT, BECAUSE YOU'RE NOT ALLOWED TO DO THAT UNDER THE LAW, BUT THAT'S YOU'RE TO PROHIBIT THIS SORT OF YOUR TRIP TO TRY TO PROTECT PROPERTY VALUES.

THIS IS SOMETHING THAT HAS BEEN DONE CONSISTENTLY THROUGHOUT NORTH CAROLINA AND THROUGHOUT THE COUNTRY.

IT'S NOT UNUSUAL TO HAVE ADULT MUSTACHE ORDINANCE IS TYPICALLY WHAT THEY'LL HAVE IN CONJUNCTION WITH THE DAM IS A NON-CONFORMING USE TYPE, UH, ORDINANCE, WHICH IS WHAT WAS BROUGHT UP, BUT ONE OF THE ALDERMAN, AND ALSO THEY WILL HAVE A LICENSING REQUIREMENT, WHICH ALSO PROTECTS SURROUNDING NEIGHBORHOODS FROM CD TYPE CHARACTERS COMING IN AND TRYING TO ESTABLISH THE BELT ESTABLISHMENTS.

WHAT I WOULD SUGGEST YOU DO ON THIS ORDINANCE THAT I DON'T SEE HERE.

AND I KNOW IT'S MR. WARD IS YOU NEED TO JUST, YOU NEED TO HAVE A PREAMBLE SIMILAR TO WHAT I'M GOING TO SAY.

WHAT NOW YOU HAVE TO HAVE APPROPRIATE LANGUAGE IN ORDER TO ENACT AN ORDINANCE OF THIS NATURE.

OR AS THEY WANT TO SAY THE WHOLE PURPOSE OF THE ORANGE INSTITUTE ESTABLISHMENT, THEY NEED TO HAVE SOMETHING ALONG THE LINES OF REGULATION OF THE ADULT ESTABLISHMENTS ARE NECESSARY.

SO NOT TO CONTRIBUTE TO THE BLIGHTING SURROUNDING NEIGHBORHOODS AND IN PROTECT THE INTEGRITY OF THE CITY, SCHOOLS, CHURCHES, CHILD, KIDS, KIERSTEN, AND TYPICAL AREAS IN WHICH JUVENILES CON CONJUGATE.

AND THAT THE INTENT IS TO ESTABLISH REASONABLE REGULATIONS, TO PREVENT CONCENTRATION WITHIN THE CITY OF NEWBURGH.

AND TO SEPARATE THOSE FROM THE SENSITIVE YOU USE IS LISTED BELOW.

AND THEN YOU GO INTO YOUR MINIMUM DISTANCE REQUIREMENTS THAT IS ALLOWED UNDER THE CONSTITUTION, UNITED STATES AND SOMETHING I WOULD SUGGEST THAT'S NOT IN YOUR ORDINANCE OR THE, A GOOD ORIENTS IT IS, BUT YOU NEED TO HAVE THAT PREAMBLE OR SUBJECT TO A TASK.

OKAY.

UM, IF ANYONE HAS ANY QUESTIONS, THE MAXIMUM DISTANCE THAT'S BEEN ALLOWED BY LAWS 2000 SQUARE FEET BETWEEN CHURCHES, UM, I THINK A THOUSAND FEET IS NORM.

YOU COULD CHANGE YOUR 500 FEET TO A THOUSAND FEET IF YOU WANTED TO, BUT THE MAXIMUM THEY'VE ALLOWED HAS BEEN 2000 BIG.

ANYTHING BEYOND THAT IS CONSIDERED EXCESSIVE.

WHAT IF WE CHANGE OURS TO 2000 FEET? UM, I THINK YOU'RE BORDERING ON EXCESSIVE DOWN.

CERTAINLY CERTAINLY JANUARY THE FIRST 500 FEET TO A THOUSAND TRAINING PERIOD.

THAT'S FINE.

MY QUESTION, MY QUESTION TO LET'S HAVE THE PUBLIC HEARING NOW.

I WOULD JUST WANT YOU TO HAVE THE INFORMATION IN REGARDS TO THE ISSUE AS WE HAVE IT SO THAT YOU WOULD UNDERSTAND WE KNOW WHAT OUR DECISIONS OR OUR CONCERNS ARE BASED UPON.

SO NOW WE'D LIKE VERY MUCH TO HEAR FROM THE PUBLIC.

PLEASE STATE YOUR NAME AND ADDRESS.

MY NAME IS BRIAN GALLEN.

WE OPENED WITH PRAYER THIS EVENING.

I WOULD HAVE TO CONCLUDE THAT THE BOARD PLACES VALUE ON GOD'S STANDARDS OF MORALITY AND DECENCY.

OUR GOD HAS NEVER BEEN IN FAVOR OF PORNOGRAPHY, NOR WILL HE EVER ACCEPTED.

I URGE YOU TO MAKE TWO COMMITMENTS TONIGHT.

ONE PASS AN ORDINANCE, BANNING BUSINESSES THAT WANT TO OPEN A PHONOGRAPHY BUSINESS, NOT JUST RESTRICTING, BUT BAN THAT WE CAN'T DEAL WITH THE ONES RIGHT NOW THAT ARE ALREADY IN EXISTENCE, BUT WE NEED AN ORDINANCE TO BAN ANY FUTURE ONES THAT WANT TO OPEN UP SUCH A BUSINESS, RESTRICTING THEM AS NOT ACCEPTABLE TO MEN AND WOMEN OF DECENCY AND MORALITY SETTING A LIMIT OF 1000 FEET OR 5,000 FEET IS NOT ACCEPTABLE.

WHEN IT COMES TO PORNOGRAPHY.

PORNOGRAPHY IS NOT MEASURED BY FOOTAGE.

IT'S MEASURED BY DECENCY AND GOD'S VALUES.

IF WE DON'T HAVE THE COURAGE TO BAND THEM, THEN AT LEAST LET US PASS THE STRICTEST ORDINANCE WEEKEND.

FORMULATE LET US BENEFIT FROM THE LACK OF ORDINANCE PLANNING OF THE AREAS OF PADLOCK AND JONES COUNTY THAT ARE DEALING WITH THIS PROBLEM NOW, BECAUSE THEY DIDN'T ESTABLISH AN ORDINANCE.

PORNOGRAPHY BUSINESSES HAVE BEEN BANNED IN OTHER CITIES.

FOR EXAMPLE, THE CITY OF CINCINNATI HAS BAN PORNOGRAPHY.

THE TOWN OF BELLE HAVEN HAS BANNED PORNOGRAPHY.

IT CAN BE BAD IF WE AS A PEOPLE AND WE, AS A BOARD

[00:35:01]

ARE WILLING TO STAND UP AND STEP FORWARD.

THE SECOND COMMITMENT I ASKED YOU TO MAKE, I ASKED THIS BOARD TO GO ON RECORD URGING OUR DISTRICT ATTORNEY TO PROSECUTE BUSINESSES THAT VIOLATE OBSCENITY AND TO PROSECUTED FULLY.

AND I COME BEFORE YOU THIS EVENING ASKING YOU TO MAKE THOSE TWO COVENANTS STACK YOU.

OKAY.

MR. SCOTT, CAN WE HAVE YOUR ADDRESS, YOUR ADDRESS PLEASE? WOW.

OKAY.

THANK YOU SO VERY MUCH.

UH, IS THERE ANYONE ELSE WHO WOULD LIKE TO PARDON ME? I'VE GOT SOME APPROPRIATE WIND GUARD AND 4,705 EDGEWOOD DRIVE.

OUR CHURCH ADDRESS IS 1820.

I'D LIKE TO SAY, I APPRECIATE WHAT THE PREVIOUS SPEAKER HAS JUST SAID.

WHAT I WOULD LIKE TO DO TONIGHT.

IF I CAN TRY TO ENCOURAGE YOU ALL TO DO ALL THAT YOU CAN PHONOGRAPHY IS NOT JUST A NATIONAL PROBLEM.

IT'S VERY MUCH COMMUNITY PROBLEM.

I THINK WE ALL KNOW THAT PORNOGRAPHY IS THE FATHER THAT FEEDS THE DOLLARS.

MY ADULT LIFETIME.

I DON'T RECALL READING THE RESULTS OF ANY OF OUR SERIAL KILLERS THAT DID NOT SAY THAT THEY WERE NOT AFFECTED STRONGLY.

ALL OF OUR FAMILIES ARE AT STAKE WHILE THE LAWS ADDRESS THE MANNER OF A PROBLEM WITH PROPERTIES AND THEIR VALUES.

I'M REALLY CONCERNED ABOUT THE PEOPLE WHO LIVE IN THOSE PROPERTIES AND WORKING WITH IT'S BEEN SAID THAT YOU CANNOT LEGISLATE MORALITY.

AND I SUPPOSE THAT'S SO, BUT NEITHER CAN YOU LEGISLATE HELL NORA, CAN YOU LEGISLATE SAFE? BUT REASONABLE LAWS CAN BE PASSED.

IT ENHANCE SAFETY AND ENHANCE HEALTH AND SOAKING REGION.

WE'LL ALL BE PATCHED THAT CAN ENHANCE THE MORAL SPIRITUAL AS WELL AS THE PHYSICAL SAFETY OF OUR PEOPLE.

I JUST HOPE THAT YOU'LL DO ALL CALLS, LITERALLY, LITERALLY THE LIVES OF BOYS AND GIRLS.

THE STATEMENTS.

THANK YOU, MR. WINGUARD.

AND I CAN ASSURE YOU THAT THOSE OF US ON THE BOARD OF ALL THE MEN WILL DO THAT, THAT WE CAN DO WITHIN LAW NEXT.

AND THIS IS LEADING CITY COUNCIL.

THANK YOU FOR THE PRIVILEGE OF BEING HERE TONIGHT.

THANK YOU FOR TAKING TIME FOR THIS VERY IMPORTANT ISSUE.

MY NAME IS WALKER LEE AND I SPEAK AS CHAIRMAN OF THE CRAVING PAMLICO CHRISTIAN COALITION, WHICH WE STARTED IN JANUARY AND GROWING VERY RAPIDLY.

AND I WOULD AGREE WITH THE TWO GENTLEMEN THAT HAVE SPOKEN BEFORE ME, PORNOGRAPHY IS NOT AS WE KNOW A VICTIMLESS CRIME, WE HAVE STATISTICS AND WE COULDN'T EVEN PROBABLY BEGIN TO COVER THE NIGHTS WHERE I WANT TO GET INTO THAT.

BUT I BELIEVE THERE IS, I KNOW THE SPRING COURSE THAT, UH, THE COMMUNITY HAS TO SET THE STANDARD.

AND THAT'S WHAT THE CHRISTIAN COALITION WE'RE GOING TO MAKE.

THIS OUR PRIME AREA OF CONCERN IS TO CLEAN THE CITY AS WELL AS THE OTHER CITIES AND COUNTIES.

AND WE APPRECIATE, UH, HAVING CITY COUNCILS AND, UM, MEN AND WOMEN RUNNING FOR OFFICE AT OTHER LEVELS AT ALL LEVELS OF OUR COUNTY, UP TO THE STATE LEVEL, WE DID A SURVEY BACK IN THE SPRING AND WE DID ANOTHER NOW FOR THE FALL ELECTION AND EVERY CANDIDATE THAT ANSWERED THAT SURVEY, WHICH IS THE MAJORITY, BOTH DEMOCRAT AND REPUBLICAN MEN, WOMEN, BLACK AND WHITE, EVERY ONE OF THEM ANSWERED THE QUESTION.

WOULD YOU WORK WITH US IN SOLIDIFYING LAWS THAT WOULD REGULATE AND CONTROL AND PROSECUTE MISUSE OF KNOWLEDGE AND OPPORTUNITY.

AND EVERY ONE OF THEM MENTIONED THAT SURVEY.

YES.

SO I THINK THERE IS A COMMUNITY STANDARD AND I THINK THERE IS COMMUNITY CONCERN.

I THINK MOST OF, YOU KNOW, LAST AUGUST IN A SHORT NOTICE IN ABOUT TWO TO THREE WEEKS TIME, WE HAD TO PUT THAT TOGETHER WHEN HE AND YPD BLUE CAME OUT ON TELEVISION AND WE CALL IT FOR A MARCH THE HOTTEST DAY ON RECORD IN NEW BERN, THAT AUGUST DATE, AND THEN NEAR THE END OF AUGUST LAST YEAR, AND OVER A THOUSAND PEOPLE MARCHED OVER FOR MOMS, PUSHING BABIES IN STROLLERS, PULLING THEM IN RED WAGONS AND SUMMONS UP IN THEIR EIGHTIES, UH, SHOWING THEIR CONCERN ABOUT HAVING, UH, THIS KIND OF MATERIAL COMING IN, EATING BY WAVE TELEVISION, LET ALONE BY WAY OF PORNOGRAPHY HOUSES OR BOOKSTORES OR WHATEVER THEY MIGHT WANT TO CALL.

AND UP THROUGH THE CHRISTIAN COALITION, WE HAVE DETERMINED THAT WE'RE GOING TO PICK IT UP PORNOGRAPHY ESTABLISHMENT EVERY MONTH, THE FOURTH,

[00:40:01]

SUNDAY OF EACH MONTH, FROM THREE TO FOUR, WE INTEND TO PICK IT.

ONE OF THE PLACES OF ILL REPUTE IN OUR COUNTY, SOMEWHERE IN OUR COUNTY.

AND WE PICK THOSE OUT ONE OF THE TIME.

SO THERE IS CONCERN AND I WOULD ADD TO WHAT FRANK SAID A WHILE AGO THAT ON UNDERSTAND JACKSONVILLE, FLORIDA HAS NO PORNOGRAPHY THAT THEY'VE OUTLAWED IT WITHIN THE CITY LIMITS OF JACKSONVILLE, FLORIDA.

SO I THINK THERE'S A LOT MORE WE CAN DO.

SOMETIMES.

I THINK WE READ THE PRESS AND WE HEAR WHAT THE LIBERAL ESTABLISHMENT SAYS AT ALL.

AND WE GO BY THAT ROAD AND WHAT WE CAN DO.

AND AGAIN, I WANT TO COMMEND YOU ALL.

THANK GOD FOR PEOPLE IN THIS COUNTRY THAT ARE CONCERNED, REALIZE THAT WE'RE DROWNING AND OUR CHILDREN ARE DROWNING IN THE CESSPOOL OF GODLINESS AND WICKEDNESS.

AND IF WE DON'T DO SOMETHING, WE'RE NOT GOING TO LEAVE THIS NATION ANYTHING BUT A SKELETON OF WHAT IT WAS WHEN I GREW UP IN THE THIRTIES AND FORTIES.

SO AGAIN, I WANT TO TELL YOU THAT I APPRECIATE IT.

I KNOW WE HAVE A PROBLEM WITH OUR PAPER AND I, I HAPPEN TO LIKE PAT HOLMES.

I THINK HE'S A GOOD MAN.

HE SAID, I CONSIDERED A GOOD FRIEND.

WE DISAGREE ON SOME ISSUES AND THIS IS ONE OF THEM.

AND WHEN YOU WROTE THAT EDITORIAL SOMETIME AGO, CONCERNING, IT WAS AFRAID OF WHAT YOU ALL WOULD DO ON THIS BOARD.

I CALLED PAT AND I SAID, PAT, UH, DO YOU, WHAT ARE YOU LATE? IF YOU TOLD ME WE'RE LEAVING? I SAID, IS THERE ANY, UH, PROPERTY AROUND YOU THAT'S FOR SALE? ANY VACANT PROPERTY SAID, YES.

WHAT WERE THE REASONS HE SAID, WHY? AND I SAID, WELL, PAT, I'M GETTING READY TO OPEN A HOME FARM.

AND SINCE YOU DON'T MIND WHAT MOVES IN NEXT TO YOU? I THOUGHT YOU'D BE A GOOD NEIGHBOR FOR HOME.

AND, UH, SO ANYWAY, I WOULD RATHER HAVE A WHOLE FARM NEXT TO WITHIN A PORNOGRAPHY HOUSE.

SO THANK YOU.

AND I BELIEVE GOD'S HELPING YOU DO ALL YOU CAN.

WE APPRECIATE YOUR CONCERN.

THANK YOU, SIR.

MAYOR PRO TEM, UM, BOARD OF ALDERMAN.

MY NAME IS JERRY SHILL.

I LIVE ON BEACON HILL ROAD AND THE SIXTH BOARD.

UH, AND I ALSO HAVE AN OFFICE HERE IN NEWBURN.

UM, I'M ALSO THE VICE CHAIRMAN OF THE CRAVE AND PAMLICO CHRISTIAN COALITION, UM, OVER THE WEEKEND, UH, I'M A MEMBER OF THE NEW BERN CAMERA CLUB AS WELL.

AND OVER THE WEEKEND, WE WERE ASKED TO PROVIDE SOME VOLUNTEER SERVICES TO SWISS BEAR, UM, AND TAKING PHOTOGRAPHS OF SOME OF THE GOINGS ON OF THE MUM FESTIVAL.

AND AS I WAS AT THE TRYON PALACE GARDENS WITH MY FAMILY, UH, TAKING PHOTOGRAPHS OF, UM, THE FLOWERS AND THE PEOPLE AND SO FORTH, A LITTLE GIRL WAS STANDING ON, UH, ONE OF THE MANY BENCHES THAT THEY HAVE IN THE GROUNDS.

AND THE MUM FESTIVAL PROVIDED US WITH LITTLE NAME TAGS, IDENTIFYING WHO WE ARE AND WHAT WE WERE DOING.

AND I DON'T KNOW HOW, HOW OLD THE YOUNG LADY WAS.

I WOULD GUESS ABOUT 10, BUT SHE LOOKED AT MY NAME TAG AND HE JUST LOOKED AT HER MOTHER AND SHE SAYS, MOMMY, THIS MAN'S THE OFFICIAL PORNOGRAPHER.

AND, UH, I TOLD HER, I TOOK THE NAME TAG OFF AND I SAID, NO, IT DOES SAY PHOTOGRAPHER.

SHE JUST GOT A LITTLE BIT MIXED UP, BUT I HAD TO CLARIFY WITH HER MOTHER WHAT WE WERE GOING THERE.

THEN I ALSO HAD TO CLARIFY SOME THINGS WITH MY WIFE WHO HEARD OVERHEARD IT, BUT IN 1986 IN DECEMBER, I WAS THE JURY FOREMAN OF AN OBSCENITY CASE HERE IN CRAVEN COUNTY.

UM, AND IT INVOLVED THE ADULT ESTABLISHMENT AND HAVE LAWN.

AND I CAN'T RECALL HOW LONG THAT CASE WENT ON, UH, TOO LONG, BUT, YOU KNOW, ENDED UP IN BEING A HUNG JURY, 11 OF US WANTING TO CONVICT MR. FROM JACKSONVILLE.

AND, UH, ONE PERSON HELD OUT A NATIVE OF CRAVEN COUNTY.

IT WAS INTERESTING.

THE JURY SELECTION PROCESS IS PROBABLY THE MOST FASCINATING THING ABOUT A JURY TRIAL TO ME.

AND OF COURSE THE, UH, THE PERSON WAS REPRESENTING MR. WANTED AS MUCH OF, AS MANY OF US CATHOLICS ON THERE AS HE COULD GET.

CAUSE OF COURSE WE, WE, WE ALLOW EVERYTHING I GUESS, IS WHAT THE PREMISE IS BY MANY PEOPLE, BUT THAT'S JUST NOT TRUE.

AND INDEED WHAT WE WERE TALKING ABOUT IS SETTING COMMUNITY STANDARDS IN ONE OF THE QUESTIONS THAT DAVID MCFADDEN MASKED IN SELECTING THE JURY WAS WOULD YOU OBJECT IN SETTING COMMUNITY STANDARDS FOR CRAVEN COUNTY BECAUSE THAT'S WHAT WE'RE GOING TO BE ASKING YOU TO DO.

AND IF ANYONE SAID, YES, I WOULD HAVE A PROBLEM SETTING COMMUNITY STANDARDS.

OF COURSE, THAT PERSON WAS EXCUSED BY MR. MCFADDEN.

ALL OF US OBVIOUSLY SAID, NO, WE WOULD NOT OBJECT TO SETTING COMMUNITY STANDARDS, BUT THE HOLD OUT ON THE JURY

[00:45:01]

AND GUESS WHAT HE SAID IN THE DELIBERATION ROOM, I DON'T LIKE PORNOGRAPHY.

HOWEVER, I HAVE A PROBLEM WITH SETTING COMMUNITY STANDARDS FOR THE REST OF THE COMMUNITY.

YOU KNOW, IT WAS VERY UNFORTUNATE THAT IT ENDED UP THAT WAY.

I ALSO OBJECT TO THE TERM ADULT ESTABLISHMENT.

I'M AN ADULT AND LIKE MOST OTHER ADULTS, I CERTAINLY DON'T APPROVE OF THESE ESTABLISHMENTS.

I DON'T KNOW WHERE THAT TERM CAME FROM, BUT I THINK IT'S A MISNOMER.

AND I, I THINK THAT IF IT'S, UNLESS ADULT ESTABLISHMENTS IS A LEGAL TERM, THAT MUST BE USED IN THIS ORDINANCE, I WOULD SUGGEST USING SOMETHING ELSE, SUCH AS GARBAGE ESTABLISHMENTS OR SATURDAY OF ESTABLISHMENT OR ESTABLISHMENT OF ILL REPUTE OR SOME OTHER TERMINOLOGY.

THAT'S FINE TOO, WHEN WE GET INTO NATIONAL.

OH, ROBERT, I GUESS, NO, GO AHEAD.

YOU GO AHEAD, SIR.

UM, THE MAIN THING WE'RE TALKING ABOUT HERE IS COMMUNITY STANDARDS AND MY FAMILY WE'VE LIVED HERE NOW FOR 10 YEARS, AND I THINK WE HAVE A PRETTY GOOD GAUGE ON COMMUNITY STANDARDS.

AND IF WE DIDN'T AGREE WITH THE STANDARDS OF THIS COMMUNITY APPROVES OF, WE SHOULDN'T HAVE, WE WOULDN'T HAVE REMAINED HERE FOR 10 YEARS.

I THINK THERE WAS COMMUNITY STANDARDS OR WERE, UH, JUST ARTICULATED BY THE THREE PREVIOUS GENTLEMEN WHO SPOKE.

AND I THINK YOU'LL HEAR MORE OF IT HERE BEFORE THIS EVENING IS ON, BUT I WOULD LIKE TO ENCOURAGE YOU TO NOT JUST GO WITH THE 1000 FEET OR THE 2000 FEET, BUT WHATEVER IS, IS ACCEPTABLE TO THE LAW.

IF INDEED YOU CANNOT BAN THEM.

UH, THAT'S ONE THING, BUT WE'VE HEARD HERE BEFORE THAT POSSIBLY IT IS, IT MAY BE POSSIBLE TO BAN THEM.

UM, I WOULD ALSO LIKE TO GO ON RECORD, EVEN THOUGH HE'S NOT HERE TO COMMEND, UH, DISTRICT ATTORNEY DAVID MCFADDEN, UH, IN THAT COURT CASE EIGHT YEARS AGO, I THOUGHT HE DID A GREAT JOB IN, IN REPRESENTING THE STATE AND THIS COUNTY IN PARTICULAR, IN THE WAY THAT HE PROCEEDED WITH THAT CASE, IT WAS REALLY UNFORTUNATE THE WAY IT ENDED UP, BUT IT CERTAINLY WAS NO FAULT OF THE DISTRICT ATTORNEY OR THE LAW ENFORCEMENT FOLKS.

AND I WOULD HOPE THAT YOU GO AND RECORD AND IMPROVE THE MOST, THE HARSHEST, IF YOU WANT CALL IT HARSH, UM, UH, TYPE OF RESTRICTION THAT YOU CAN BECAUSE WE DON'T NEED IT IN CRAVEN COUNTY, CERTAINLY IN THE CITY OF NEW BERN.

AND I, I REALLY APPRECIATE THIS OPPORTUNITY TO SPEAK BEFORE.

LET ME JUST, BEFORE OUR NEXT SPEAKER COME UP, OUR ATTORNEY HAS A COMMENT IN REGARDS TO THE BANNING OF, UH, ADULT ESTABLISHMENTS IN THE, THEY HAVE TO BE CAREFUL IN THE LANGUAGE OF THE ORDINANCE.

IF YOU ATTEMPT TO BAN, AS SOME GENTLEMEN HAVE SUGGESTED, OTHER CITIES HAVE DONE, YOU ARE SUBJECT TO A CONSTITUTIONAL CHALLENGE.

NOW, WHETHER OR NOT THESE OTHER CITIES HAVE GONE THROUGH THE CONSTITUTIONAL CHALLENGE AND SUPREME COURT, I DON'T KNOW, BUT I DO KNOW CITIES WHO HAVE HAD COMPLETE BAN ON ADULT ESTABLISHMENTS HAVE GONE THROUGH ALL THE WAY TO SPRINGBOARD.

AND THE SUPREME COURT HAS CONSISTENTLY SAID, YOU CANNOT BAN.

YOU CAN SET REASONABLE IMITATION.

NOW YOU CAN BE STRINGENT IN YOUR, IN YOUR LIMITATIONS.

YOU CAN HAVE LICENSING REQUIREMENTS, YOU CAN HAVE DISTANCE REQUIREMENTS.

YOU CAN HAVE A PREAMBLE THAT STATES WHY YOU WANT THEM AWAY FROM YOUR RESIDENT COMMUNITIES AWAY FROM THE CHURCH, BUT TO COMPLETELY BAN THEM IF THEY ARE NOT.

IF AS THEY'VE BEEN TURNED BY A SUPREME COURT, THEY'RE NOT SAYING, AND YOU HAVE, YOU DO NOT ALLOW CHILDREN UNDER THE AGE OF 18 UNDER THERE.

YOU'RE NOT ALLOWED TO DO THAT.

AND THE CAN SUPREME COURT HAS BEEN CONSISTENT WITH THAT.

NOW THESE OTHER CITIES MAY HAVE VARIANCES ON THE ORDINANCES THAT ARE NOT LIKE THE ONE WE'RE LOOKING AT HERE, BUT I CAN ALMOST POSITIVELY SHOW YOU THAT HAVE NOT BEEN CHALLENGED.

AND IF THEY WERE CHALLENGING, WHAT AT THE SPRING COURT THAT'D BE, THE ORDINANCE WOULD BE KNOWN.

SO YOU HAVE TO BE CAREFUL SAYING YOUR LIMITATIONS, ANY RESTRICTIONS, BECAUSE OTHERWISE YOU CAN GET YOUR ORDINANCE THROWN OUT AND YOU HAVE NOTHING TO PROTECT YOUR COMMUNITIES.

THANK YOU.

LET ME ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS ISSUE? PLEASE STATE YOUR NAME AND ADDRESS.

SINCE WE DON'T KNOW YOU, BILL HARPER, FOUR TO 6 25 ON THE CHECKPOINT ROAD, OUR SPEAK UNTIL YOU TALKED ABOUT THE CONFRONTATION WITH THE CONSTITUTION, LEGAL FEES

[00:50:01]

AND STUFF LIKE THAT.

I'M SURE THAT EVERYBODY IN THIS AUDIENCE AND EVERYBODY LISTENING WOULD NOT EVERYBODY.

OF COURSE, WE'D RATHER SEE THAT MONEY SPENT ON LAWYER FEES, TRYING TO GET RID OF SOMETHING THAT MIGHT IN FACT, THE WALK ON MINE OF A CHILD RATHER THAN WHAT THE CITY AND COUNTY HAVE BEEN SPENDING OUR TAX DOLLARS ON AN ILLEGAL BATTLE ON WHO'S GOING TO INSPECT BUILDINGS FOR THE LAST THREE YEARS.

I THINK IT WAS SPENT BETWEEN THREE AND 500,003 YEARS.

OKAY.

I HAD RATHER SEE OUR TAX DOLLARS SPENT TESTING, TRYING TO GET BETTER, SOMETHING LIKE THAT.

THEN TO SEE OUR TAX DOLLARS SPENT ON SUSAN, WHO'S GOING TO SPEND THE MOST MONEY FOR THE CITY OR THE COUNTY ON THESE, UH, INSPECTION THINGS.

I APPRECIATE YOU LETTING US SPEAK.

AND THIS TIME I WORKED ON THE SPEED, AGAIN, I'M STILL ROLL 38, 13 OLD SHAREPOINT ROAD.

AND I WANTED TO POINT OUT A COUPLE OF THINGS.

UM, THE ISSUE OF A THESIS STABLISH MUCH.

AND I AGREE WITH THE GENTLEMEN.

I DON'T LIKE THEM TO BE CALLED ADULT ENTERTAINMENT, EITHER THEY'RE ENTERTAINMENT FOR IMBECILES OR SOMETHING, BUT NOTHING MATURE THOUGH.

HOWEVER, IT BECAME IMPORTANT TO ME DURING THE POLITICAL PROTEST THAT I BECAME ENGAGED IN.

I NOTICED THAT THE PROLIFERATION OF THESE ESTABLISHMENTS IN NEWBURN AND THE COUNTY, UH, WHEN I RETURNED TO THE AREA AFTER BEING AWAY FOR ABOUT CLOSE TO 30 YEARS, EXCEPT FOR SHORT VISITS, BECAUSE WHEN I HAD LEFT THERE, I HADN'T NOTICED ANY OF THESE ESTABLISHMENT UP AND DOWN THE HIGHWAYS AND IN TOWN AND THAT, AND IT WASN'T BECAUSE I WAS BLIND EITHER.

THEY WEREN'T THERE BOOKS, THEY JUST WEREN'T THERE.

AND NOW YOU CAN'T DRIVE HARDLY FIVE MILES OUTSIDE THE CITY WITHOUT SEEING ONE ON THE SIDE OF THE ROAD AND IN THE CITY, THEY'RE ALL OVER PLACE.

THE SAME, UM, SOMETHING DOES NEED TO BE DONE.

I APPLAUD YOU FOR TRYING TO DO SOMETHING ABOUT IT.

AND I REALIZE IT'S A TOUGH ISSUE.

HOWEVER, DURING THE FIRST PART OF THE POLITICAL PROTEST, EVEN THOUGH I HAD NOTICED THIS AND WONDERED ABOUT IT, I WAS ENGAGED IN SOMETHING ELSE.

AND WE TRIED TO PUT SOME SIGNS AROUND THE COUNTY AND IN TOWN TO DO WITH THE TRASH PROGRAM AND TO DO WITH TRYING TO UNSEAT SOME OF THE COUNTY COMMISSIONERS WHO WERE UP FOR ELECTION.

AND LO AND BEHOLD, WE WERE HARASSED ABOUT THESE POLITICAL SIGNS.

WE COULD NOT HAVE THEM OUT THERE, OR WE HAVE TO TAKE THEM DOWN WITHIN SO MANY DAYS FOR THIS THAT WE HAD HAD FOR A MISS OR THIS, THAT, AND THE OTHER.

AND WE HAVE, WE HAD US POLITICAL SIGN RIGHT THERE, SIDE OF A SIGN THAT WAS ADVERTISED IN ONE OF THESE HOUSES.

AND THEY HAD THEIR FINE WAS OKAY.

THEY WEREN'T GETTING ANY PROBLEMS IN THEIR FINE READ.

A MOVIE PLAY MAKES AVAILABLE ADULT ENTERTAINMENT AND GIRLS WANTED TO PLOT INSIDE AND THINGS LIKE THIS, I NOTICED RIGHT AWAY THAT THERE WERE FREE TO ADVERTISE THEIR AWARES.

AND WE WERE NOT FREE TO ADVERTISE OUR POSITION WHEN I WASN'T IN THE CITY NOTICE WAS OUTSIDE THE CITY, BUT THIS PARTICULAR INCIDENT WAS OUTSIDE THE STATE OF IT.

I HAVE NO DOUBT THAT IT WOULD HAVE HEARD.

SIMILARLY, IF WE'VE BEEN INSIDE, MAYBE NOT FROM THE BOARD, BUT FROM THE DOP AND THE PEOPLE WHO'VE BEEN IN FROM THE ROUTES WE CHOSE, BUT IT DID HAPPEN.

AND THAT IN THE TIME WE FOCUSED ON THIS ISSUE AND WONDERING ABOUT IT, COUPLE OF THINGS OCCURRED.

AND ONE WAS THE FACT THAT THE SCHOOL BUSES DRIVE RIGHT PAST IT ESTABLISHMENT TWICE A DAY AND NOT JUST ONE SCHOOL BUS, BUT NUMBERS OF SCHOOL BUSES AND THE YOUNG KIDS ON THERE.

THEY'RE NOT STUPID.

THEY READ THESE SIGNS THE SAME AS EVERYBODY ELSE DOES, AND THEY KNOW WHAT'S GOING ON OR PROPHET IMAGINE MAYBE EVEN SOME WORSE THINGS GOING ON TRYING TO SUGGEST THAT NATURE OF THE SIGN.

SO, UM, I THINK, AND I WOULD RECOMMEND THAT IF YOU CANNOT FIND A MEANS TO BANDAGE ESTABLISH, BECAUSE THE COUNTY WAS MUCH BETTER OFF WITH ALAN, MEANING, INCLUDING THE CITY, AT LEAST TRY TO INCLUDE RESTRICTIONS ON HOW CLOSE THEY CAN BE TO A SCHOOL BUS ROUTE AND TO A SCHOOL BECAUSE JUST THE BANNER IN FRONT OF THE CHURCH, UH, UH, 500 FEET FROM A CHURCH AND, UH, I'VE DONE SCHOOLS CARE

[00:55:01]

CENTER.

THAT'S REALLY, IT'S LIKE, UM, IT'S JUST INADEQUATE ACTION.

IT REALLY IS.

AND, AND, UH, THE OTHER THING YOU MIGHT CONSIDER IS IF YOU'RE RUNNING INTO CONSTITUTIONAL BARRIERS THERE, THEN I THINK IF WE CAN FORCE A JUNKYARD OPERATOR TO CONSTRUCT A HUGE FENCE IN FRONT OF THIS FACILITY, SO YOU CAN'T TELL THERE'S A JUNKYARD THERE YOU PASS BY CERTAINLY WE COULD DO THE SAME THING FOR ONE OF THESE HOUSES.

THEY COST AT LEAST THAT WOULD BE BETTER THAN IT'S SUPPOSED TO THE SCHOOL CHILDREN TO IT TWICE A DAY.

AND WITH THE IMPRESSION THEY GET THAT'S RIGHT.

THANK YOU.

WILL THERE BE ANY OTHERS WHO WOULD LIKE TO SPEAK AT A PUBLIC HEARING? IF NOT, WE LIKE TO ENTERTAIN WHY TO MOVE OVER HERE AND BE CLOSED.

OKAY.

UH, IT'S BEEN MOVED IN SECOND THAT THE PUBLIC HEARING BE CLOSED.

IS THERE ANY OTHER DISCUSSION THAT WOULD CALL FOR THE QUESTION , UH, OPPOSED THE SAME TIME, UM, ALDERMEN MAKE THEM OUTSIDE.

I DON'T KNOW HOW TO READ THIS.

WELL, I THINK ALL THE MODALITIES NEXT UP HERE.

OKAY.

AND WHAT DO I KNOW? AND THEN I PLAY MAX LIST OF SPEAKERS.

IT SAID, DON, MAKE THAT REYNA MAX AND GO AFTER DON.

ALL RIGHT.

WELL, I GOT A PROBLEM.

I FOUND OUT THAT, UH, I WAS THINKING THE SAME WAY I GOT A PROBLEM.

WELL, MAYBE IT WAS ONE GOOD POINT THAT I'D LIKE TO MAKE THIS BILLY KIND OF ALLUDED TO, BUT MAYBE HE DIDN'T NAIL IT RIGHT ON THE HEAD.

THIS BOARD SETS THE LAWS TO THIS CITY, LITERALLY LEAVE DOESN'T THAT THIS BOARD, SINCE THE LAW, NOW, IF THEY'RE LEAVING, HE LEAVE, IF THEY CAN REACH OUT, THAT IS CORRECT.

ANYTHING WE DO UP HERE CAN BE CHALLENGED.

IF YOU'VE GOTTEN A BUG AND YOU WANT TO FIGHT, AND THAT IS KIND OF ANOTHER BIG TRUTH, BUT THAT'S THE BOTTOM LINE TRUTH.

AND I DON'T THINK THERE'S ENOUGH MONEY TO BE MADE IN THIS TOWN TO SUE US ABOUT THIS OLD, TO FIND US THROUGH SUPERIOR COURT, SPRINGBOARD, STATE COURT, US COURT, WE CAN CARRY IT TO THE END OF THIS EARTH.

AND I THINK BILLY IS RIGHT.

YOU WILL FIND THE BASKET DAWN OF THE CITIZENS IN THE SECOND VIEW WOULD REALLY SEE US SPENDING MONEY FIGHTING THAT LAW HAD BEEN FIGHTING THE COUNTY INSPECTION.

AND I'M NOT ARGUING THAT IT IS UNCONSTITUTIONAL FOSTER DO.

THAT IS ABSOLUTELY CORRECT, BUT I DON'T THINK THERE'S ANYBODY OUT THERE LOOKING TO MAKE A FORTUNE.

I DON'T BELIEVE THAT.

WELL, ONE THING I'M UPSET ABOUT IS THAT I DIDN'T KNOW ABOUT THIS BECAUSE THIS THING WAS WHISPERED AROUND TWO MONTHS AGO AND I ASKED ABOUT IT THEN, AND NOW I FIND OUT ALL OF A SUDDEN, WHEN I'M COMING TO THE MEETING TONIGHT, I'VE GOT THESE CRAP IN MY DISTRICT AND I'M UPSET ABOUT IT.

AND I WANT Y'ALL KNOW THAT.

AND IT'S NOT.

SO I'LL SAY TO STAFF, NO, I'M UPSET ABOUT IT.

WE CALL IT.

I HAVE TO BUY THESE THINGS BACK AT HOME WHEN IT WAS FIRST WHISPERED IN THE ROOM.

AND I, BUT I, I HADN'T HEARD ANYTHING BY, UNTIL I GOT THE AGENDA.

NOW I COME TO THE MEETING TONIGHT AND I FIND A STUPID THINGS OUT THERE NEXT MONTH IN MY NEIGHBORHOOD.

SO, YOU KNOW, BUT I, THAT, WHAT I JUST SAID IS ONE OF THE REASONS I RAN FOR THE BOARD ON, BECAUSE I'VE SAT THERE AND I WATCHED PEOPLE DO THINGS THAT WERE TOTALLY AGAINST WHAT PEOPLE WANT.

IT DIDN'T MATTER HOW THEY LEGALLY, IT WAS, IT WAS LEGAL, WHAT THEY WERE DOING, BUT IT WAS NOT WHAT PEOPLE WANT.

AND WE ARE HERE TO DO WHAT PEOPLE WE REPRESENT, WANT US TO DO.

AND IF IT MEANS CHALLENGING THE FEDERAL LAW, YEAH.

WE'RE HERE TO DO LAWFUL THINGS, LAWFUL THING THAT PEOPLE MIGHT LAWFUL THING.

REMEMBER THAT LAWFUL.

AND WHAT IS LOCAL.

IF WE MAKE A LAW, SOMEBODY TEXTS US TO COURT AND WINS THAT WE WERE WRONG, BUT SHORTER THAT WE'RE WRITING.

IS THAT NOT CORRECT? NO, YOU'RE INCORRECT BECAUSE THE CITY OF TRYNA JUST TOLD YOU WHAT THE LAW WAS.

NOBODY HAS TO TAKE US TO COURT.

YOU HAVE BRIGHT AN ORDINANCE.

AND WE, DONALD WHAT YOU ADVOCATE IS ANTARCTICA.

YOU ADVOCATE

[01:00:01]

TO THIS BOARD ALL OVER THE COUNTRY, SAY THE HECK WITH THE SUPREME COURT, THE HIT WITH THE CONSTITUTION.

THAT'S WHAT YOU'RE SAYING NOW.

I MEAN, THERE'S A LOT OF THINGS THAT GOES ON ON A FEDERAL LEVEL.

I DON'T AGREE WITH, BUT I TOOK AN OATH.

YOU TOOK AN OATH TO UPHOLD THE LAWS OF THE UNITED STATES CONSTITUTION, WHICH ENCOMPASSES THE SUPREME COURT, WHICH IS ENCOMPASSES THE NORTH LOT OF STATE CONSTITUTION, WHICH ENCOMPASSES THE NORTH CAROLINA SUPREME COURT.

THAT IS YOUR DUTY.

BUT REGARDLESS OF WHETHER YOU BELIEVE IN IT OR NOT, BUT IF YOU, IF YOU ADVOCATE THAT KIND OF POSITION, YOU MISS WILL GO DOWN AND HATE IT.

WHERE THERE'S LAWLESSNESS.

YOU MAY AS WELL GO TO ANOTHER COUNTRY WHERE THERE'S LAWLESS THIS.

WE NEED TO UPHOLD THE LAW OF THIS LAND.

THAT'S OUR FUNDAMENTAL DUTY.

OKAY.

WE CAN'T TAKE ON THIS LEVEL.

YOU NEED TO GO TO WASHINGTON, DC TO THE WHITE HOUSE, THE SUPREME COURT.

I GOT IT.

MOSTLY SUDDENLY.

WE'RE HAVING FUN.

I KNOW MA'AM BILL IS SORRY.

HE'S THE PRESIDENT.

HE'S NOT HERE WITH HIS GAVEL AND I'M SORRY, TOO.

OKAY.

IF YOU DON'T MIND, THAT'S RIGHT.

IF YOU, IF YOU DON'T MIND THOUGH, LET'S JUST GIVE EACH OTHER A LITTLE COURTESY AND RESPECT THEM.

OFTENTIMES WE DISAGREE WITH ONE ANOTHER AND WE'D BE WILLING TO DEFINITELY STAND, BUT LET'S JUST KEEP UP A LITTLE ORGANIZATION HERE.

OKAY.

BUT I UNDERSTAND YOU YOU'RE REALLY, AND WE'RE NOT MAD.

THIS IS JUST A SPIRITED DEBATE.

OKAY.

OBVIOUSLY SOME DISAGREEMENT AS TO WHAT THE FEDERAL LAW HAS PROHIBITED.

IF THERE ARE TOWNS THAT HAVE IN FACT BAN PHONOGRAPHY AND THEIR CORPORATE LIMIT, THEN ROB SAYS YES, THAT THERE IS SOME ENVY, WHATEVER THAT WORD IS, THAT'S ABOUT THAT LONG.

YOU DON'T WANT TO COME UP.

IF THERE IS SOME DOUBT, WHETHER THAT IS CONSTITUTION.

SO LET'S SEE, I MOVED TO THAT.

WE BAN A BILL AND WE WILL FIND OUT FOR ABSOLUTELY SURE WHETHER IT IS AGAINST THE LAW OR NOT.

THAT'S WHY YOU HAD THE COURTS TO DECIDE WHETHER WE'RE CORRECT OR NOT.

I SHOULD NOT HAVE USED, OKAY.

NO SECOND AT THIS MONTH, RIGHT NOW, IF YOU WOULDN'T ALLOW ME, I WAS ON A SECOND.

HIS MOTION, ALL DOPE, DON.

ALTHOUGH I KNOW IT MAY CAUSE A FIGHT.

I WOULD AGREE WITH YOU.

IT MAY CAUSE A FIGHT, BUT I'M A SECOND YEAR MOTION.

MOTION HAS BEEN MOVED AND SECONDED THAT WE BAN ADULT ENTERTAINMENT IN THE CITY OF PHRASE.

I DO APOLOGIZE.

I'M NEW AT THIS THE FIRST TIME I'VE EVER GOT THIS CLOSE TO THIS THING, AND I DIDN'T SEE YOUR NAME UP HERE.

SO I DO APOLOGIZE.

YOU WERE NEXT.

SO PLEASE YOU MAKE, BUT IT'S A VERY EMOTIONAL ISSUE OF COURSE.

AND NOBODY WANTS TO ADULT BOOKSTORES HERE.

I THINK THE ONLY DISAGREEMENT IS HOW TO GO ABOUT IT.

AND THERE IS NO, THERE IS NO ORDINANCE HERE TO VOTE ON SAYING BAN BANNING THEM.

AND, UH, EVEN FOR IT TO BE LEGAL IN ORDINANCE HAS TO BE DRAWN UP AND VOTED ON.

SO I'M JUST SAYING VOTE TO BAN THEM.

WON'T WORK TONIGHT.

WE WOULD HAVE TO VOTE TO HAVE AN ORDINANCE DRAWN BECAUSE A LAW CAST TO BE AN ACTIVE, YOU CAN'T JUST LET'S DO THIS.

AND IT HAS TO BE WRITTEN.

I MEAN, IT, EVERYBODY UNDERSTANDS THAT.

AND I DON'T WANT TOMORROW TO WAKE UP AND FIND THAT THERE ARE THREE MORE DOWN THE STREET AND IT WOULD TAKE A COUPLE OF WEEKS, ABSOLUTE MINIMUM TO GET SUCH A LAW PASSED.

SO WHAT I GOT ACCOMPLISHED, WHAT I'M ULTIMATELY GETTING TO IS PROPOSING THAT WE APPROVE THIS UNTIL WE CAN DO SOMETHING ELSE TO KEEP OTHERS FROM SPROUTING BEFORE WE CAN PERMANENTLY STOP IT.

THE FIRST CLIENT NOT TO HAVE THE FLOOR.

THANK YOU.

UH, THERE ARE SEVERAL THINGS I WANT TO ADDRESS.

NUMBER ONE, WHEN DON MENTIONED THAT THERE'S NOT ENOUGH MONEY TO BE MADE IN NEWBURN.

AND THIS IS JUST A FACT, I MEAN, I'M NOT, I JUST, JUST FOR INFORMATION PURPOSES, UH, THERE'S NOT ENOUGH MONEY TO BE MADE IN NEW, IN AN ADULT BOOKSTORE BECAUSE THAT IS WHAT THEY'RE GENERALLY REFERRED TO.

AS FOR WHATEVER REASONS, AT LEAST WE ALL KNOW WHAT WE'RE TALKING ABOUT.

WHEN WE SAY ADULT BOOKSTORE, UH, THAT'S TRUE.

THERE'S NOT ENOUGH MONEY HERE FOR ONE STORE TO FIGHT US ALL THE WAY TO THE SUPREME COURT.

THAT'S NOT THE WAY IT WORKS.

HAVING BEEN IN THE VIDEO INDUSTRY FOR A LONG TIME.

I CAN TELL YOU HOW IT WORKS.

AND ONE TOWN SMALLER

[01:05:01]

THAN NEWBERN NORTH CAROLINA, A CITY BOARD TRIED TO OUTLAW ADULT BOOKSTORES, AND IT FINALLY GOT TO THE SUPREME COURT AND THE TOWN LOST.

BUT THE LEGAL BILL ON THE PART OF THE STORE WAS OVER $600,000 OF WHICH 100% WAS PAID FOR BY THE MANUFACTURERS OF THE TAPES.

SO IF YOU DECIDE, IF YOU GET TANGLED UP IN A LAWSUIT WITH A SMALL VIDEO STORE, HE DOESN'T, HE DOESN'T CARE BECAUSE THE INDUSTRY WHICH MANUFACTURERS, THE TAPES PAYS FOR THE LEGAL BATTLE.

SO THAT'S JUST A FACT OF LIFE.

I'M NOT, IT DOESN'T HAVE ANY INFLUENCE ON WHAT WE'RE GOING TO DO HERE.

IT'S JUST THE FACT THAT YOU'RE NOT GOING TO STOP A SMALL STORE FROM SUING YOU BECAUSE HE MAY NOT HAVE ENOUGH MONEY.

IT'S NOT HIS MONEY.

THE INDUSTRY LETS THEM KNOW THEY WILL PAY THE BILLS.

SO ANYWAY, UM, OUR ACTING CITY ATTORNEY MENTIONED THAT THERE WAS THE POSSIBILITY OF AN AMORTIZATION, OH NO, I'M SORRY.

ONE OF OUR CITY EMPLOYEES, UM, MR. GEORGE SAID THAT IN SOME CASES THERE WERE CITIES WHICH HAD AN AMORTIZATION PROVISION IN THE LAW.

AND FOR THOSE WHO MAY NOT UNDERSTAND WHAT THAT MEANS IS THAT YOU CAN ALLOW THEM TO OPERATE FOR A CERTAIN PERIOD OF TIME.

IF THEY'RE ALREADY OPERATING, WHEN THE ORDINANCE IS PASSED.

AND IF YOU CANNOT FORCE THEM TO CLOSE, THIS MEANS THAT YOU GIVE THEM A CERTAIN PERIOD OF TIME DURING WHICH THEY CAN OPERATE.

BUT AT THE END OF THAT TIME, IT'S OVER AND THEY CLOSED, UH, THE ACTING CITY ATTORNEY'S POSITION IS THAT DOOR, OR MAYBE I'M MAYBE NOT, MAYBE IT'S GEORGE THAT SAYS THIS IS KIND OF IFFY.

YOU KNOW, IT'S BEEN A WHILE SINCE THESE PEOPLE TALK AND I'VE FORGOTTEN WHO SAID WHAT? SOMEBODY SAID THAT THIS IS KIND OF A GOOFY THING.

SOME PLACES THAT USE SOME PLACES, IT ISN'T OKAY, WELL, LET'S PUT IT IN THERE.

I DON'T HAVE ANY PROBLEM WITH THAT.

OF THE STRONGER WE CAN MAKE THIS ORDINANCE, THE MORE I'M GOING TO LIKE IT.

I DON'T CARE FOR THE APPROACH THAT, WELL, WE AREN'T SURE IF WE CAN DO THIS.

SO LET'S HOLD OFF.

YOU KNOW, SOME PLACES THEY'VE DONE IT AND GOTTEN BY WITH IT.

SOME PLACES THEY HAVEN'T, WE'RE NOT SURE IF WE CAN DO IT.

SO LET'S HOLD OFF AND SEE IF WE CAN.

I PREFER TO PUT IT IN THERE UNTIL SOMEBODY SAYS WE CAN'T AN AMORTIZATION WOULD AT LEAST AT SOME POINT CLOSE, THE ONE THAT ALREADY EXISTS.

IF WE CAN'T CLOSE IT ANY OTHER WAY, IF 2000 FEET SEPARATION BETWEEN SCHOOLS, CHURCHES, ET CETERA, AND THE STORE HAS BEEN ACCEPTED BY THE COURTS ANYWHERE, LET'S PUT IT IN HERE.

UM, I'VE GOT RAMBLING NOTES HERE.

IT'S BEEN A TOUGH DAY.

IF IN SOME AREAS YOU CAN REQUIRE A LICENSE, LET'S PUT IT IN HERE.

LET'S DON'T SAY, WELL MAYBE YES, MAYBE NO, LET'S PUT IT INTO AIR UNTIL IT'S SHOWN THAT WE CAN'T DO IT.

UM, AND IF THERE ARE TOWNS AND I'M SURE THERE ARE, I ACCEPT THAT WHO HAVE AN ACT, WHICH WHICH HAVE ENACTED ORDINANCES SAYING YOU CANNOT HAVE IT.

PERIOD.

IT'S OUTLAWED.

I WOULD LIKE TO SEE COPIES OF THE ORDINANCE AND FIND OUT IF THAT HAS BEEN THE CHALLENGE.

BUT THE BOTTOM LINE IS TONIGHT.

WE HAVE AN ORDINANCE WHICH WILL GIVE US SOME BREATHING SPACE UNTIL WE CAN EITHER STRENGTHEN IT OR OUTLAW THE STORES ALL TOGETHER.

AND I THINK FROM A VERY, NON-EMOTIONAL VERY PRACTICAL, LEGAL STAND.

I THINK PERHAPS OUR BEST MOVE TONIGHT WOULD BE TO MAKE THE CHANGES HERE, ADDING THE 2000 FEET THOUSAND FEET, RAISING IT TO WHATEVER LIMIT OUR ACTING CITY ATTORNEY SAYS HAS BEEN UPHELD BY THE COURTS AND OTHER AREAS, ADDING THE REQUIREMENT FOR A LICENSED AND ADDING THE AMORTIZATION CLAUSE TO MAKE THIS AS TOUGH ON THE ORDINANCE.

AS IT CAN BE UNTIL WE CAN GET SOMETHING TOUGHER AND DUMB, AT LEAST IT WILL BE COVERED TOMORROW.

AND NOBODY IS GOING TO WALK INTO CITY HALL AND BUY A BUSINESS LICENSE TOMORROW MORNING AT NINE O'CLOCK TO OPEN ANOTHER ONE.

I DON'T WANT THAT TO HAPPEN.

PERHAPS THIS WILL STOP THAT.

AND PERHAPS WHILE THIS IS IN EFFECT TWO WEEKS A MONTH, WELL, NOW WE CAN FIND SOMETHING THAT CAN SOLVE THE PROBLEM WE ALREADY HAVE.

I WILL MENTION THAT, UH, MR. ROLLINS MENTIONED, YOU KNOW, IT SEEMS LIKE THERE EVERY SO OFTEN AND PEOPLE SAY, WELL, THERE'S ONLY ONE IN NEW, BUT ANOTHER TWO, THERE IS A VIDEO STORE HERE THAT RENTS ADULT VIDEOS, BUT IT IS NOT AN ADULT BOOKSTORE.

AND I DON'T CARE FOR THAT TERM EITHER, BUT AT LEAST WHEN WE SAY THAT EVERYONE KNOWS WHAT WE'RE TALKING ABOUT.

SO IT'S JUST A TITLE OF CONVENIENCE.

IT'S COME INTO GENERAL USAGE.

SO THERE ARE TWO SUCH ESTABLISHMENTS.

[01:10:01]

ONE IS ALL ADULT OR PORNOGRAPHIC MATERIAL.

THE OTHER ONE JUST HAS SOME, BUT THERE ARE NOW TWO AND TWO OR THREE WEEKS AGO.

THERE WAS ONE.

SO I WOULD MOVE THAT.

WE MAKE THESE CHANGES IN THIS ORDINANCE AND THE ADOPTED TONIGHT PENDING, UM, FINDING OUT JUST HOW MUCH STRONGER WE CAN MAKE.

IS THAT A SUBSTITUTE MOTION? THAT'S A SUBSTITUTE MOTION.

SECOND.

WE'LL ROB.

I'M NOT GOING TO DISCUSS, I TELL YOU WHAT I'LL TELL YOU WHY I WON'T DO THIS.

I WILL RECALL MY MOTION.

THE ONLY REASON I WAS GOING TO DO IT IS BECAUSE IF YOU PUT LAW ON THE BOOKS, THEN IT'S, THEN WE GOT ON SLIDE.

MAX SAID, BUT IN TWO WEEKS, I'LL HOME ORDINANCE PREPARED.

BANDING PERIOD.

ABSOLUTELY LOVE THE HEARING, BUT YOU'VE GOT TO HAVE A PUBLIC HEARING LOOK HERE.

AND I HAD THE WARRANTS IN PLACE TO RESCIND THIS ORDER.

THAT WAY, IF THE BAND HAD STRUCK DOWN IN COURT, THAT'S LIKE, WHY I DON'T HAVE A PROBLEM.

GIVE US A BREAK BOYS, MAN.

AND WE STILL GOT THAT TO COME THROUGH AND NOT THROUGH YOU GOT CONFLICTING ORDINANCES.

I'M MORE OF THIS AND IT'LL BE ON THE BOOKS NEXT WEEK OR TWO WEEKS FROM NOW, TWO WEEKS FROM NOW, ASSUMING WE ARE APPROVED ON THE BAN ADULT BOOKSTORES, WHICH REMAINED THAT WE WOULD DELETE THIS FROM OUR, OKAY.

IF THEY STRUCK THE BAND AS BEING UNCONSTITUTIONAL 10 YEARS FROM THAT WE GET THROUGH CODING.

THEN THIS WOULD GO BACK INTO EFFECT THAT GOT ALL WRITTEN BY THE BANG.

IF WE VOTE TONIGHT TO ADD A STRICTER RULES IN THE ORDINANCE TO ALLOW 2000, IF THAT'S THE MAXIMUM FEET FROM THE CHURCH, THE SCHOOL.

AND I AGREE WITH MR. ROSS AND PUT A BIG SEAL UP A BIG FENCE UP IN FRONT.

SO IT CAN'T BE SEEN IF WE WERE TO ADD THESE RESTRICTIONS IN THE ORDINANCE TONIGHT AND ADOPTED TONIGHT, WILL IT BECOME NOT TONIGHT TOMORROW? NO ONE COULD COME AND OPEN UP.

I'LL TELL YOU, YOU KNOW, I THINK WE NEED TO.

OKAY.

OKAY.

LET'S UM, LET, LET, LET ME UNDERSTAND SOMETHING FIRST.

OKAY.

LET'S SAY, EXCUSE ME, PLEASE.

LET ME UNDERSTAND WHAT WE'RE DOING NOW.

I KNOW THAT WE HAD A MOTION AND THEN A SUBSTITUTE MOTION.

WE HAD A SECOND FOR THE SUBSTITUTE MOTION AND YOU HAVE TO DO THAT.

WE WENT THROUGH A MOTION.

OKAY.

SO NOW WE HAVE A MOTION AND THE MOTION IS THAT WE PASSED THIS ORDINANCE, BUT AMENDED AMENDED, OR THIS WAS STRICT WITH THE PREAMBLE AND WE NEED TO, WE NEED TO EXPORT IT.

OKAY.

AND WE NEED TO ASSESS IT AND SEE THE KINDS OF THINGS THAT WE WANT TO ENTER INTO IT TO MAKE IT STRONGER.

SO IT'S SAYING PUT 2000, 2001, 203 OR SUCTION.

THAT'S THE MAXIMUM DISTANCE BETWEEN THEM ACTUALLY LET'S PUT A $500 LICENSING REQUIREMENT.

OKAY, PLEASE.

I NEED TO, WE NEED TO UNDERSTAND FOR THE RECORDS, WHAT THE MOTION IS.

SO IF WE'RE GOING TO PASS A LAW, IT'S VERY WELL UNDERSTOOD.

LET'S RUN THAT WE HAVE DECIDED.

OKAY.

WHAT WOULD YOUR MOTION BE? ONCE AGAIN? WHAT I WOULD LIKE TO DISCUSS WITH THE ACTING CITY ATTORNEY IS WHAT CHANGES ARE YOU AWARE OF? WE CAN MAKE IN THIS THAT HAVE BEEN UPHELD BY THE COURTS.

IF WE CAN PUT THE 2000 FEET, LET'S PUT THE 2000 FEET, THEY DO THINK THAT WOULD BE OKAY.

YOU THINK THAT'S BEEN UPHELD BY THE COURT, THE COURT WITH THAT HAS GOING TO FAIL.

SO THEN IN THE PROPOSAL IS THAT WE CHANGE IT TO 2000 FEET.

HOW THE AMORTIZATION, THE NON-CONFORMING USE.

YES.

OKAY.

WELL, LET'S PUT, LET'S PUT THAT IN AND THE PREAMBLE, AS YOU SAID, CERTAINLY WE NEED THAT IN THERE.

AND, UH, PAGE THREE, THE LOT REQUIRING A LICENSE.

WHAT IS THE LIMITS THAT YOU ARE AWARE OF THAT HAVE BEEN APPEALED BY THE COURT? UM, YOU CAN HAVE VERY STRINGENT LICENSING REQUIREMENTS.

YOU CAN HAVE TYPICALLY IT'S A $500 FEE.

YOU HAVE FINGERPRINTING ABOUT A THOUSAND.

YOU HAVE POLICE CHECKS.

IS IT SIMILAR TO GETTING BEER LICENSE? UM, THERE IS SO MUCH TO GETTING ALCOHOL LICENSES.

THE CITY OF CHARLOTTE HAS A VERY MEATY ADULT ESTABLISHMENT ORDINANCE.

I SUGGEST THAT WE LOOK, WE LOOK AT THAT AND LOOK TO THE MEN.

[01:15:01]

THIS ONE, YOU'RE LOOKING AT SUCH A STAGE, REALLY LARGER ORDINANCE THAN WHAT YOU'VE GOT, UM, RECOMMENDED HERE I, MR. GEORGE.

BUT BASICALLY WHAT HE DOES IS IT JUST EXPANDS AND CLOSES AND CLOSES ALL THE GAPS.

ALSO THE CONVENIENT THING ABOUT YOUR LICENSING REQUIREMENT, YOU CAN MAKE AN ANNUAL REQUIREMENT AND THEY CAN LOSE THEIR LIVES IN THE POND, CERTAIN THINGS, UH, CRIMINAL ACTIONS BY THEIR EMPLOYEES, FLOWY CHECKS, LICENSING IN OF ITSELF CAN PRETTY MUCH CURTAIL.

IF YOU CAN DO THAT, WHAT CHANGES CAN WE MAKE JUST RIGHT IN TONIGHT AND APPROVE THIS TONIGHT? THAT'S WHAT I'M AT.

I THINK WE NEED TO DO JUST A DISTANCE IN THE PREAMBLE.

OKAY.

WHY DON'T WE DO THIS? WE APPROVED WITH THAT.

THE THINGS THAT WE EXPRESS AND WE APPROVED THIS ORDINANCE IN PRINCIPLE TO INCLUDE, TO APPROVE THE ORDINANCE, TO INCLUDE THE 2000 DISTANCE AND TO INCLUDE THE PREAMBLE AND THE LICENSING FEE.

AND THAT WAY WE, WE KNOW THAT REQUIRE AN AMORTIZATION , WE'RE LIMITED RIGHT NOW AS TO HOW MUCH WE CAN PENCIL IN AND APPROVED TO GET AS MUCH AS WE CAN.

WHY DON'T WE JUST SAY, WE'RE GOING TO SUGGEST TO YOU.

YES.

MA'AM.

LET ME TELL YOU, LET ME TALK.

WHY DON'T WE JUST SAY WE'RE GOING TO INCLUDE THE THINGS THAT WE WANT IN OUR ORDINANCE TONIGHT, AS STRENUOUS AS WE WANT IT TO BE.

AND WE ALLOW OUR ATTORNEY TO COME BACK TO US AND TELL US THAT THAT IS NOT ACCEPTABLE.

I TELL YOU ONE MINOR PROBLEM THAT I SEE.

AND THE PROBLEM IS THAT, UH, YOU KNOW, WE, AS A BOARD, DON'T KNOW WHAT THE AMORTIZATION STATES, AND WE DON'T KNOW WHAT THE LICENSE REQUIREMENTS ARE, AND WE'RE GOING TO F IF, IF, BUT, BUT TONIGHT, IF WE ADOPT THIS ORDINANCE AS LAW, THEN WHOEVER THIS LAW AFFECTS WOULD NEED TO HAVE SOMETHING THAT THEY CAN READ AND COMPLY WITH BY TOMORROW.

BUT WE CAN'T DO THAT.

AND I THINK THE BEST THING TO DO TONIGHT IS TO, UH, JUST AFFECT THOSE CHANGES THAT WE CAN READILY.

SEE.

NUMBER ONE IS WE CAN REALLY DETERMINE THE DISTANCE 2000 PEOPLE, AND WE CAN READ, AND THE PREAMBLE, I GUESS, 2000 SQUARE FOOT, 2000, WE CAN RECOMMEND IF YOU GUYS HAVE, BUT WITH 10,000 FEET, I THINK ALL YOU NEED TO DO TONIGHT IS DO THE PREAMBLE.

AND THE 2000 FEET THEN LET HER TO LICENSING THING IS IT'S GOING TO BE EXTENSIVE.

AND SO IS AMORTIZATION POSSIBLY.

AND IF YOU'RE GOING TO BAN IT, THEN YOU'RE GOING TO HAVE TO COME UP.

THEN YOU'RE GOING TO HAVE TO COME UP WITH ANOTHER, UH, ORDINANCE ALTOGETHER.

BUT AN EFFECTIVE BAN ON THESE ESTABLISHMENTS WILL OCCUR WITH A 2000 FOOT, UH, RESTRICTION BECAUSE THERE IS NO PLACE VIRTUALLY IN THE CITY THAT THERE THAT WAS WITHIN 2000, NOT WITHIN 2000 FEET OF SOME OUT OF SCHOOL.

AND IT REALLY IS GOING TO BE STRICT.

IT'S KIND OF LIKE ALL OF THE NUCLEAR BOMBS THAT WE HAVE.

THEY KILL EVERYBODY 500 TIMES.

THEY'RE DEAD.

WHEN YOU GIVE THEM 2000 FEET, THAT'S IT THEN ADVANCEMENT.

OKAY.

YOU KNOW, WE'RE JUST YELLING THINGS OUT.

SO IF WE CAN JUST AGREE THAT THE PREAMBLE AND THE 2000 FEET IS WHAT WE WILL INCLUDE IN THIS PARTICULAR WITNESS SO THAT WE CAN GO ON AND ADOPT THIS ORDINANCE TONIGHT.

AND IT BECOMES, I WENT, I DON'T WANT TO MAKE ONE MORE SUGGESTION.

YOU HAVE ELEMENTARY OR SECONDARY SCHOOL.

I WOULD INCLUDE ALL SCHOOLS.

I HAVE ONE OTHER QUESTION.

BEAUTY SCHOOL, YOU GET CUT WHEN WE'RE OVERLOADED HER RIGHT NOW.

BUT WHEN SHE GETS CAUGHT UP, I HAVE ONE OTHER QUESTION.

OKAY.

DO YOU HAVE ALL OF THAT? DO YOU UNDERSTAND WHAT WE'RE SAYING? YES.

IT DID GET A LITTLE OUT OF HAND.

UM, THERE THERE'S ONE THING HERE THAT'S THAT DEFINES ADULT ESTABLISHMENTS SHALL INCLUDE ON AN ADULT BOOKSTORE, ADULT MOTION, PICTURE THEATER, ADULT, MANY MOTION, PICTURE THEATER, ADULT, LIVE ENTERTAINMENT, BUSINESS, OR MASSAGE BUSINESS, AS THEY ARE DEFINED IN SECTION BLAH, BLAH, BLAH.

IS IT POSSIBLE TO ADD, OR IS THERE SOME WAY IT CAN BE PHRASED TO INCLUDE ANY VIDEOS DOOR THAT RENTS ADULT VIDEO TAPES.

NOW THIS, THIS IS NOT, THIS IS NOT A BUSINESS.

WE'RE NOT TALKING ABOUT A BUSINESS, WHICH IS 100% WHAT IS DEFINED BY LAWS, ADULT

[01:20:01]

BUSINESS.

BUT IT IS A PORTION OF ANOTHER MAINTENANCE WE INVITE LITIGATION.

NOW, THE ATTORNEY TO CLARIFY THAT, CLARIFY THAT FOR ME, IF THAT COULD BE DONE, YOU KNOW WHAT I WAS THINKING IF WE SAID THAT IF YOU HAD ANY PORNOGRAPHY IN YOUR ESTABLISHMENT, LIKE THE VIDEO THAT RENT SOME, THEN THAT YOU COME UNDER THE GUIDELINES OF A MUDDLE ENTERTAINMENT CENTER, THAT'D BE TOO MUCH, VERY BROAD.

DEFINITELY.

YEAH.

YOUR PORNOGRAPHY, YOU SEE PEOPLE DON'T REALIZE PORNOGRAPHY IN ITSELF IS NOT ILLEGAL.

IT'S OBSCENITIES.

SO THAT'S WHY I MISSED THE SHIELD.

THAT'S WHY I SAID, NAH, WE DON'T NEED TO GET THE NEXT THING.

YOU DON'T UNDERSTAND THE LAW I'VE BEEN IN.

LOOK, I WENT TO LAW SCHOOL WHERE YOUR LAW DEGREE, REALLY, REALLY, REALLY, PLEASE, PLEASE.

NOW WE HAVE A MOTION ON THE FLOOR AND I'D LIKE TO GET A CLARIFICATION ON THAT MOTION.

NOW I'D LIKE TO SUGGEST THAT WHAT WE DO WITH THIS PARTICULAR ORDINANCE, SINCE THIS IS THE ISSUE NOW, AND IF WE KEEP READING IT AND GOING OVER IT, WE'LL FIND SOME OF EVERYTHING THAT WE CAN AMEND AND CHANGE AND THROW OUT FOR THE SAKE OF THE LAW BEING ADOPTED TONIGHT SO THAT IT CAN BE WITH SOME CLARIFICATION.

WE'D LIKE, IF YOU, IF YOU DON'T MIND MR. FREEZE, IF THE MOTION COULD STATE THAT IT INCLUDE THIS ORDINANCE TO BE ADOPTED, THAT IT INCLUDES THE PREAMBLE AND THE 2000 FEET.

AND THAT WAY WE HAVE A LOT TONIGHT, BUT LISTEN, MAN, THE SCHOOLS WE KNOW YOU THINK JUST GIVE US A MINUTE, OKAY.

IF WE COULD DO THAT TO INCLUDE THE PREAMBLE, THE DISTANCE OF 2000, WHICH IS THE MAXIMUM AND FOR A POINT OF ORDER, I MEAN, POINT OF INFORMATION, THE MAP, THIS THAT SUGGESTS AND HIS COMMENTS THAT HE'D LIKE TO SEE US HAVE THE DISTANCES THAT THE MAXIMUM DISTANCE.

SO HE HAS AGREED WITH THEM AND WE CAN INCLUDE THE 2000 AS THE MAXIMUM DISTANCE, THEIR PREAMBLE, AND TO STATE ALL SCHOOLS JUST FOR THE SAKE OF TONIGHT.

SO WE CAN ADOPT THIS LAW.

WELL, ALL SCHOOLS.

AND THEN IF WE ASK THAT CHANGES TOO MUCH CAN WAIT A MINUTE AND WE CAN DO THAT AND ASK THE ATTORNEY TO LOOK INTO THE OTHER CONCERNS AND PRESENTED TO US.

AND WE CAN ALWAYS LIKE AMEND THIS ORDINANCE WHEN WE NEED TO, WE CAN AMEND IT THE NEXT TIME, BUT IT BECOMES LOCKED TONIGHT THAT WE CAN GO ON WITH IT.

OKAY.

LET ME CALL AND C3.

I DON'T WANT TO, NOT TO ONE.

I JUST SEE THREE THERE'S TWO.

THERE'S A LOT OUT OF ONES.

NOT TUNES AROUND C3 PERIOD.

I HAVE NO PROBLEM WITH THAT.

I KNOW THAT THE MAYOR PROTESTS, I WILL ACCEPT THAT MODIFICATION MY ORIGINAL.

THANK YOU SO MUCH FOR THE QUESTION.

OKAY.

WE'VE CALLED FOR THE QUESTION AND WE NEED A ROLL CALL TO ADOPT THIS OVEN FOOD.

YES.

I DON'T KNOW WHERE TO SAY IT, BUT YES, YES, YES, YES.

OKAY.

JUST ONE MINUTE.

UH, ALL OF THEM BACK DIAL, IF YOU DON'T MIND, ALL THE MEN PELETON HAD NAME HAS BEEN ON THE MACHINE FOR QUITE AWHILE.

AND FOLKS APPRECIATE EVERY ONE OF YOU BEING HERE.

AND I APPLAUD YOUR CONCERN AND I APPRECIATE YOUR, YOUR DRIVE.

BUT WHEN YOU LEAVE HERE TONIGHT, YOU GOT AN ENTIRE COUNTY THAT HAS NO ORDINANCE.

YOU BETTER START WORKING ON THEM FOLKS, BECAUSE THEY'RE GOING TO PUT THEM RIGHT OUTSIDE THE DOORS OF THIS CITY.

DON'T STOP HERE.

SO YOU BETTER GET HOME AND I'LL SUPPORT YOU, BUT YOU BETTER WORK ON THE KID RIGHT NOW.

WELL, THE NECK PAIN, IF I CAN GET SOMEONE WHO IS FIRST, I WANT ALL OF THE OTHER THINGS THAT YOU'VE BEEN ALL YOUR PEOPLE WON'T IN THAT, IN THIS ORDINANCE, GO OVER TO CITY MANAGER, GET THEM DONE.

YOU THEM IN THE ORDINANCE AT THE NEXT MEETING, THE AGENDA ITEM.

AFTER THAT, I WOULD LIKE AN ORDINANCE DRAWN UP TO BAND THE DELTA STATUS WITH CULTURAL CITY LEVEL ASSOCIATES.

YOU DON'T, YOU HAVE TO CALL FOR A PUBLIC HEARING FOR THAT.

YOU NEED TO ADVERTISE, DO WHATEVER YOU HAVE TO DO,

[01:25:01]

BUT FIRST PUT THE CHANGES IN THIS AUDIENCE AND THEN SECOND BAN.

OKAY.

MR. HARTLEY HAS NOTED.

THANK DON.

YOU ALSO NEED TO ADD TO THAT.

IF, IF WE'RE GOING TO PUSH FOR THE BAND WE NEED, AS ATTORNEY SAID, WE NEED TO LOOK AT THE ORDINANCES THAT THEY HAVE ALREADY ESTABLISHED.

LISTEN, I JUST WANT THAT.

I WANT TO MAKE ONE STATEMENT.

AND, UM, YOU KNOW, I JUST DON'T LIKE THE DIRECTION THAT THIS GOVERNING BOARD IS GOING IN BECAUSE YOU KNOW, THERE ARE A LOT OF LAWS THAT ARE PASSED ON A FEDERAL LEVEL THAT EACH OF US INDIVIDUALLY DISAGREE WITH.

I MEAN, SOME OF THESE SAME PEOPLE ARE AGAINST ABORTION AND YOU KNOW, I'M NOT TRYING TO STICK MY OPINION ON THAT ISSUE, BUT IF YOU START LISTENING TO FOLKS AND START VOTING YOUR OWN PERSONAL CONVICTION AND YOU GO AGAINST THE LAW, YOU TROUBLE, YOU INVITE AN UNREST, YOU INVITE AN ANARCHIC.

AND WHEN THE CITY ATTORNEY TELLS YOU IT'S ILLEGAL TO BAN ADULT ESTABLISHMENT, BUT YOU SAID THE HECK WITH IT.

WE'RE GOING TO CHALLENGE THE FEDERAL GOVERNMENT.

DON THAT'S DANGEROUS.

WELL, WAIT A MINUTE, WAIT A MINUTE.

LET ME JUST SAY, I THINK THAT WE, YOU KNOW, A LOT OF LAWS THAT HAVE BEEN ON THE BOOKS THAT HAVE CAUSED A LOT OF PROBLEM FOR A LOT OF PEOPLE AND THEY WOULD NEVER HAVE BEEN CHANGED IF THEY HAD NEVER BEEN CHALLENGED.

AND SO, IN MY OPINION, THE HELPER UPHILL, AND SOME OF THEM WERE TELLING US LIKE THE CIVIL RIGHTS LAWS AND CHANGE.

AND SO WHAT WE'RE SAYING IS THAT IF WE BELIEVE THAT THERE ARE LAWS THAT ARE FEDERAL LAWS OR STATE LAWS, EVEN THOUGH WE VOWED TO UPHOLD THOSE LAWS, IF SOMETIMES WE THINK THAT THOSE LAWS ARE NOT GOOD AND WE JUST UPHOLD THEM, THEN WE'RE AIDING IN IT.

AND I'M NOT NECESSARILY SAYING THAT THIS PARTICULAR ONE IS HOWEVER, I DO FEEL WE SHOULD BAN THEM IN THE CITY.

I DON'T WANT TO SEE ANY ADULT INTO PAYMENT IN OUR CITY.

IF YOU DON'T MIND.

I, YOU KNOW, I JUST LIKE TO GET CARRIED AWAY.

JUST LET ME TELL YOU WHAT I THINK, BUT I DO.

I DO RESPECT YOU ALL THE MARINA FOR YOUR OPINION.

AND YOU ARE DEFINITELY CORRECT BECAUSE WE ARE, WE DID VOW TO OPPONENT.

HOWEVER, WHEN WE FIND THAT THERE ARE SITUATIONS THAT WE RUN INTO, I THINK THE FACT THAT WE WOULD SAY THAT WE DON'T WANT THIS IN OUR CITY.

IT MAKES A STATEMENT SOMEWHAT TO LAWMAKERS THAT MAYBE THEY TOO SHOULD REASSESS.

AND THAT THE PEOPLE OF THIS COUNTRY OF THE UNITED STATES ARE POSED TO CERTAIN LAWS THAT RESTRICT US AND THAT DICTATES TO THEM.

IT'S MY OPINION.

AND SO THAT DOESN'T REALLY MEAN THE LACK, CAUSE I'M NOT THE MAYOR I'M JUST FILLING IN.

YES, YES, PLEASE.

LET'S JUST TAKE A FUCK MINISTRY.

BRAVELY WALKED OUT POST.

I WANT YOU TO KNOW, I SAW HEADED MY WAY AND I LOCKED HIM OUT THERE.

I ALSO WANT YOU TO KNOW THAT IT WAS ROBERT'S IDEA TO BRING THIS ORDINANCE TO THE BOARD.

YES, IT WAS.

HE DESERVES SOME CREDIT.

OKAY, BAD.

THE NEXT ITEM FOR DISCUSSION TONIGHT IS, UH, ITEM NUMBER FIVE, EXCUSE ME, WHICH IS A PUBLIC HEARING TO CONSIDER AMENDING ARTICLE SIX OF THE SUPPLEMENTARY USE REGULATION.

YOU HAVE TO READ ALL THAT SECTION 15 DASH 1 64 8 7 IS THAT I HAVE THE LAND USE ORDINANCE.

SO AS TO PERMIT MOBILE HOMES OR LOTS WITH THE REASONABLE MEANS OF THEIR DIRECT OR INDIRECT ASSETS TO PUBLIC STREETS AND ARTICLE 15 UTILITIES, SECTION 15 DASH TWO 60 OF THE LAND USE ORDINANCE.

SO AS TO PROVIDE PUBLIC SERVICE LIKE WATER, SEWAGE AND REFUGE AT THE PUBLIC STREET RIGHT AWAY.

OKAY.

NOW THOSE OF YOU WHO ARE HERE TO SPEAK ON ITEM NUMBER FIVE REGARDING THE MOBILE HOME LOT, UH, BEFORE, BEFORE I ASKED HER TO COME TO THE PODIUM TO SPEAK, WE'D LIKE TO HAVE MR. GEORGE OR MR. AVERY TO GIVE YOU A BRIEFING.

UM, THE FIRST SECTION THERE DEALS WITH A DIFFERENCE THAT WE WERE EXPERIENCING IN THE TREATMENT OF MOBILE HOMES VERSUS CONVENTIONAL HOUSING.

AND THAT CONVENTIONAL HOUSING COULD BE ALLOWED TO LOCATE WITHIN DIRECT ACCESS TO A PUBLIC STREET.

MOBILE HOMES WAS, IT KEPT TO A HIGHER STANDARD AND THEY HAD TO ACTUALLY HAVE THE BUCK, THE PUBLIC STREET.

SO THIS BASICALLY LEVELS THE PLAYING FIELD FOR MOBILE HOMES AND CONVENTIONALLY BUILT HOUSES.

SECTION TWO OF THE ORDINANCE DEALS WITH THE LOCATION OF UTILITIES.

AND SINCE THIS WAS PUBLISHED, WE HAD HAD FURTHER CONVERSATIONS WITH THE EFFECT OF DEPARTMENTS AND THE CITY MANAGER.

AND

[01:30:01]

WE WOULD LIKE A LITTLE BIT MORE TIME TO FLESH OUT THE UTILITY USAGE AS TO, UH, THE LOCATION OF PUBLIC SERVICE, UH, SERVICES.

SO HAD ASKED THAT SECTION TO BE NOT PAINTED UPON TONIGHT.

BUT DID YOU DO TAKE ACTION ON SECTION ONE, WHICH DEALS WITH THE LOCATION OF THE UTILITY SECTION DON'T WANT TO GO ON AND TAKE ACTION ON THE UTILITY SIDE? THAT'S CORRECT.

OKAY.

HOW WILL THAT AFFECT THE PROBLEM THAT I HAD THAT I BROUGHT BEFORE YOU REGARDING THE LOTS OF PLEASANT HILL OR THE SITUATIONS WHERE HAVING, UH, THE SITUATION THAT YOU HAD SPOKEN WITH US ABOUT EARLIER? I BELIEVE AND CORRECT ME IF I'M WRONG.

UM, BERNARD, UH, HAD TO DO WITH WHERE A MOBILE HOME COULD NOT BE PLACED BECAUSE IT DID NOT DIRECTLY, UH, BUT PUBLIC STREET AND THIS ALLOWS IT TO BE DONE INDIRECTLY, WHICH WOULD ALLOW IT TO TAKE PLACE.

OKAY.

OKAY.

DOES THIS ALSO, UH, TAKE CARE OF THE PROBLEMS WE'RE HAVING IN REGARDS TO THE SIZES OF THE LOTS THAT WE WOULD DISCUSS IT? OKAY.

THAT IS A, A REZONING ISSUE, WHICH WILL HAVE TO COME UP AT A LATER MEETING.

WE'RE STILL WORKING ON THE SUN ISSUE, BUT IF IT'S AN EXISTING LOT OF RECORD, IT ONLY HAS TO BE 5,000 SQUARE FEET.

IT'S ONLY IF THEY WANT TO SUBDIVIDE THAT ZONING SIZE LOSS BECOME AN ISSUE, BUT WE'RE WORKING ON THAT AS FAR AS, UH, PERHAPS REZONING SOME OF THE AREAS, OUR SIX IT'S ALREADY THERE.

THEY'RE OKAY.

IF IT'S NOT ALREADY THERE, THEN THEY GOT, OKAY, THE PROBLEM WE WERE HAVING, WAS IT THE LOT IS THERE AND IS REQUIRED TO BE TWO, IS IT 2000 FEET? I MEAN, IT'S CALLED ZONED R A 20 AND IT COULD NOT BE SUBDIVIDED.

SO THAT, THAT IT COULD BE, IT NEEDED TO BE REZONED TO IS A PROBLEM I'M HAVING.

AND I THOUGHT WE WERE SUPPOSED TO BE DISCUSSING THAT WE'RE WORKING ON THAT.

AND WE HAVEN'T GOTTEN TO THAT ISSUE THAT WE SAY, WE'RE GOING TO DEAL WITH THIS WITH, YEAH.

WE'RE DEALING WITH THIS ONE NOW.

AND WE'RE WORKING ON THE ZONING ISSUE TO COME UP WITH A STONING SCHEME FOR THE AREA TO COME TO YOU AT A LATER, MAYBE EVEN YOUR NEXT MEETING ON THE FOLLOWING.

OKAY.

ALL RIGHT.

NOW TELL ME THIS SITUATION I HAVE WITH, WITH THIS MOBILE HOME THAT KNEW NOW THAT, BUT A STREET, IF WE DIDN'T ACT ON THE UTILITIES, THE WATER, THE SEWER, THEN HOW, WHAT POSITION WOULD THAT PUT THAT HOME? THESE HOMES? UM, IF YOU ARE, UNLESS YOU ARE PLANNING TO ACT UPON THAT PSEUDONYM, UM, WE WOULD, UH, WE'RE GOING TO TRY AND HAVE A MEDIA IN THE NEXT FEW DAYS ON THE UTILITIES.

UM, AND I DON'T KNOW WHETHER THAT WOULD BE READY BY THE NEXT MEETING OR PROBABLY THE FOLLOWING MEETING, BUT AS THE UTILITIES IS WRITTEN CURRENTLY, UH, IT WOULD HAVE TO END AT THE PUBLIC RIGHT OF WAY, COULD NOT GO PAST THE PUBLIC RIGHT OF WAY.

SOME OF OUR DISCUSSIONS HAVE BEEN TO ALLOW THAT TO BE MORE FLEXIBLE WITH THE HOMEOWNER WHERE PERHAPS THE CITY COULD HAVE AN EASEMENT BEYOND THE PUBLIC RIGHT AWAY AND RETAIN SOME MAINTENANCE.

AND SOME OWNERSHIP IS ONE WAY IT HAS BEEN DISCUSSED, WHICH WOULD BE, MAKE IT EASIER ON THE PEOPLE THEMSELVES.

BUT IT WAS ADOPTED AS IT IS TONIGHT.

THEN IT WOULD STOP IT AT THE PUBLIC RIGHT OF WAY.

IS THAT YOU UNDERSTAND ALSO, MR. CORRECT.

OKAY.

WANT TO HAVE ANY QUESTIONS FOR ME BY DEFAULT? PROBABLY OPEN A PUBLIC HEARING.

I JUST WANT TO ASK ONE QUESTION.

IF, IS THERE ANYBODY OUT THERE AGAINST THIS, OUR ORDINANCE CHANGED? I LIKE TO MAKE A MOTION THAT WE CLOSED THE CLUB.

WE HAVEN'T ALLOWED THE PUBLIC TO BE HEARD.

WELL, ALL THEIR GUESTS AND EVERYBODY AGAINST.

THAT'S WHY I ASKED IF YOU WERE AGAINST IT.

I'D LIKE TO HEAR FROM THE PUBLIC.

IF YOU DON'T MIND, IT IS A PUBLIC HEARING THAT WAS ADVERTISED AND WHICH BROUGHT PEOPLE.

THAT'S WHY I ASKED IF THEY WERE GIFTS.

THEY CAN COME UP AND SPEAK.

THAT'S RIGHT.

SO IS ANYBODY AGAINST IT? BUT IF YOU DON'T MIND, LISTEN, I THINK THAT IT'S NOT, YOU KNOW, I CAN UNDERSTAND YOU WANTING TO LEAVE HERE, BUT THIS IS A PUBLIC HEARING.

AND IT DOES NOT SAY A PUBLIC HEARING TO HEAR THOSE OF YOU WHO ARE OPPOSED TO SOMETHING.

IT SAYS IT'S A PUBLIC HEARING TO ALLOW THE PUBLIC'S INPUT.

IF SOMEONE, IF NOBODY IS AGAINST IT, WE'LL GO AHEAD.

GO AHEAD.

YEP.

THEY ARE IN FAVOR OF, AND WHAT WE HAVE NOW IS A PUBLIC HEARING AND WE'D LIKE TO OPEN UP PUBLIC HEARINGS.

AND THOSE OF YOU WHO HAVE SOMETHING TO SAY IN REGARDS TO THIS ISSUE, NUMBER FIVE ON THE AGENDA, WOULD YOU PLEASE COME TO THE PODIUM, GIVE YOUR NAME AND YOUR ADDRESS.

YOU DON'T MIND OKAY.

IS THERE ANYBODY

[01:35:01]

THAT WOULD LIKE TO BE HEARD ON THIS ISSUE? IT JUST, YES, PLEASE.

WELL, THE 10TH AT EIGHT NORTH STREET CALLED CONCERNED CITIZENS, NEW BRIAN CRAVEN COUNTY.

WHAT? I COULDN'T UNDERSTAND WHEN TO SAY THIS MOBILE HOME THAT YOU WERE SPEAKING ABOUT, THEY THEY'RE GETTING READY TO CHANGE THE LAW THAT THEY CAN, THAT WILL BE ABLE TO PUT THEIR MOBILE HOME THERE, BUT THEY'RE NOT GOING TO CHANGE IT.

THE LAW FOR THE UTILITIES.

SO CAN PUT THE HOME THERE.

CAN THEY STILL PUT YOUR CHILDREN? THEY'LL STILL BE THERE, BUT MOST UTILITIES.

THIS IS A QUESTION I DIDN'T UNDERSTAND.

I DON'T KNOW WHAT YOU MEAN.

YOU HAVE TO CLARIFY WHAT YOU'RE SAYING.

NOW.

YOU'RE SAYING THAT MOBILE HOME THAT THEY ARE REALLY CONCERNED ABOUT, THAT IT COULD PUT THE MOBILE HOME ON THE BLOCK.

SO GETTING READY TO PASS THIS, GETTING READY TO PASS IT, THE APARTMENT HERE, BUT THE UTILITY IS WHAT I WANT TO STAND AT.

THERE'S NO NEED TO PUT IN THAT TRAILER, BILL AND THE LAND.

IF YOU DON'T HAVE NO, YOUR CHILDREN, FATHER, CHILD, THIS IS WHAT I'M ASKING YOU.

NOW.

I DON'T UNDERSTAND.

THEY WOULD HAVE TO MAKE PROVISION FOR THE UTILITIES.

THE UTILITIES COULD BE PROVIDED FOR EITHER THROUGH A SECOND TIME OR THROUGH A WET ANTHER, A WHALE, OR IT COULD BE PROVIDED FOR, UH, THROUGH EXTENSION OF CITY FACILITIES, UH, ON, UH, AT OWNER'S EXPENSE UPON THE ISSUANCE OF THE NECESSARY EASEMENTS AND MAINTENANCE AGREEMENT OR UNDER THIS THING, AS IT WAS PROPOSED, IT'S NOT GOING TO BE, UH, ADOPTED THIS SECTION.

THEY WOULD HAVE TO CONNECT THAT TO CITY RIGHT AWAY.

AND OF COURSE OUR RESPONSIBILITY WOULD END THAT THE RIGHT OF WAY AND THEY HAVE TO TAKE CARE OF IT.

THEN THE SAME THING WITH REFUGEE SERVICE, IF WE CAN GET A TRUCK TO IT, AND THEN WE PROBABLY WOULD, UH, PUT A TRUCK TO IT.

BUT IF THIS WERE ADOPTED TONIGHT, THEN THE TRUCK WOULD ONLY GO ALONG THE CITY STREET OR A IMPROVED RIGHT AWAY THAT WE COULD, UH, DO.

SO.

SO, UH, USA, IF THEY PUT A TRAILER BACK THERE OR IF THEY PUT ANY KIND OF HUNG BACK THERE, THEY COULD STILL EXTEND UTILITIES OR THEY COULD PROVIDE FOR THEIR OWN UTILITY, BUT IT WOULD BE AT THEIR EXPENSE.

AND THEY WOULD BE RESPONSIBLE FOR MAINTAINING THOSE UTILITIES FROM THE CITY RIGHT AWAY TO THE, UH, UNIT.

I DON'T UNDERSTAND.

YOU DON'T UNDERSTAND WHAT HE'S SAYING.

NOW YOU BE ABLE TO PUT THE TRAIL UP THERE, BUT YOU HAVE TO BE RESPONSIBLE FOR YOUR OWN UTILITIES UNTIL POLICY PAUSE UNLESS THEY CHANGE.

AND I WOULD SAY THAT I DON'T ANTICIPATE THAT THAT WILL CHANGE.

I ANTICIPATE THAT, UH, THE ONLY THING THAT MIGHT CHANGE IS THAT THE WANTS, THE UTILITIES WERE PLACED IN AT CITY SPECIFICATIONS.

THE CITY MIGHT BE WILLING TO TAKE OVER THE MAINTENANCE OF THAT UTILITY LINE UP TO THE OWNER'S ACTUAL LOT, UH, UNDER CERTAIN CONDITIONS.

BUT THOSE CONDITIONS HAVE NOT BEEN OUTLINED YET UNDER THE THINGS THAT WE'VE TALKED ABOUT.

SO THERE STILL HAS TO BE SOME FURTHER STAFF DISCUSSION ON THAT.

BUT AS FAR AS WHO PAYS FOR THE EXTENSION OF UTILITIES, THAT'S NOT PROPOSED TO BE CHANGED, BUT WHERE THAT UTILITY IS PROVIDED AND WHO WOULD PAY FOR THE MAINTENANCE ON THAT UTILITY, THAT WOULD CHANGE.

OKAY.

NOW I'D LIKE TO ENTERTAIN A MOTION TO CLOSE.

IT HAS BEEN MOVED IN SECOND THAT WE CLOSED THE PUBLIC HEARING ALL IN FAVOR, LET IT BE KNOWN BY SAYING I MOVE TO ORDERS ONLY SECTION ONE, SECTION ONE.

OKAY.

WE HAVE A MOTION THAT THE ORDINANCE BE ADOPTED WITH SECTION JUST A SECTION, ONE OF THE, WELL, IT WAS IN TWO PARTS IN REGARDS TO UTILITIES.

AND WE'D LIKE TO JUST NOT ACT TO FUND THAT TONIGHT.

OKAY.

OKAY.

GOOD QUESTION.

YES, YES, YES, YES, YES.

OKAY.

THANK YOU.

OKAY.

I'M NICE ITEM IS TO CONSIDER PARADE AND PICKET PERMITS AND YEAH.

PLEASE POSTPONE THIS UNTIL THE BACK.

YES.

THERE'S ONE THING THOUGH.

I WOULD LIKE TO CHEAT TO LOOK AT AND THAT'S PERMITTING AND TIMES LOUD BY SIDE OF THE CROWD.

WHAT I MEAN IS THAT YOU'RE EXPECTING A PERMIT.

UH, IT'S ON MY LIST TO PICK IT.

SOMEBODY THERE'S FIVE PEOPLE OR 10 PEOPLE IN THE PERMIT, THEN YOU PROBABLY THEN THE CHIEF DOESN'T LEAVE TIME TO GET AT TROUT CONTROL OFFICERS.

YOU KNOW, SO ONE DAY WOULD BE FINE, BUT IF IT'S ALL, IF THEY'RE APPLYING FOR A PERMIT THAT'S GOING TO REQUIRE 30 OR 50 OR A HUNDRED PEOPLE THAT SHOW UP,

[01:40:02]

THEN THREE DAYS MAY BE FINE.

WOULD THAT BE TOTALLY, PROBABLY.

CAN I GET A COMMENT? I THINK THE POINT OF DEPARTMENT, IT'S NOT JUST HOW MANY PEOPLE ARE PICKETING, BUT WHAT THE RESPONSE WILL BE FROM OTHER GROUPS.

SO IF YOU HAVE PERHAPS 10 PEOPLE THAT SAY WE'RE GOING TO PICK IT, ADULT ESTABLISHMENT, AND THEN YOU HAVE 500 PEOPLE THAT SHOW UP IN PROTEST TO THE TICKET.

THAT'S THE CONCERN HERE, NOT JUST THE NUMBER OF SUPPOSEDLY PARTICULARS.

SO YOU NEED TO KEEP IN CONSIDERATION TO SO WE CAN LOOK AT THAT AND I'LL HAVE TO CHEAT TO LOOK AT POSSIBILITIES.

WE CAN ALWAYS TAKE A LOOK AT SOMETHING AND SEE IF IT CAN BE DONE THAT WAY.

OKAY.

OKAY.

SO IS THAT A CONSENSUS THAT WE'LL TABLE THIS UNTIL, OKAY.

NEXT IS THE CONSENT AGENDA.

AND I'D LIKE TO PULL ITEM 10 OFF THE CONSENT AGENDA.

I MOVE THE REST OF THE CONSENT AGENDA, BE APPROVED EXCEPT 11.

AND THE ONE BARBARA MENTIONED 10, THERE ARE CORRECTIONS IN THE MINUTES, THAT'S NUMBER SEVEN.

AND ANY AMENDMENTS THAT THE MAXIMUM TO MAKE TO THE MINUTES, 17 AND 11 MOVE THAT THE CONSENT AGENDA WITH THE EXCEPTION OF SEVEN, 10, AND 11 BE APPROVED.

OKAY.

UM, WELL, YES, YES.

OKAY.

WE'LL TAKE ITEM SEVEN.

UH, AND ITEM SEVEN, THE MINUTES ON PAGE SEVEN, SECOND PARAGRAPH, THERE'S A WORD MISSING, WHICH NEEDS TO BE IN THERE.

IF IT WOULD, IF IT COULD BE ADDED, ULTIMATELY SPOKE OF A PROBLEM WITH CITIES.

HAVING THE DOG CITY MANAGER HARTMAN SAID THE CITY DOES NOT ACTIVELY AND THE WORD FORCE CAN, THERE'S THE WORD THAT IS MISSING THERE, WHICH THERE'S NO MEANING WITHOUT THE WORD.

AND IN THE BOTTOM PARAGRAPH, IT SAYS MAYOR BAYLIS NOTED THAT HE ATTENDED A GANTT NEIGHBORHOOD MEETING.

AND HE SAID, A LADY WHO WAS A PROPERTY OWNER ADJACENT TO THE Y YMCA APPROACHED HIM.

IT SEEMS THAT THE Y CUTS THE BRASS AS CLOSE AS POSSIBLE TO THE SOCCER FOR SOCCER FIELD.

WHAT WAS SAID WAS THAT THE WIDE DOES NOT CUT THE GRASS AT ALL.

AND THAT THE CITY HAD CUT THE GRASS AT ONE TIME, BUT DID NOT CUT IT ON THE BANKS OF ADJACENT TO THE PRIVATE PROPERTY.

UH, PAGE SEVEN, SECTION SEVEN, PAGE SEVEN.

I MOVED TO MINUTES.

WE HAVE DONE A WITH MAX'S LITTLE CHANGES, ALEX.

OKAY.

APPROVEMENT.

SECOND.

IT WAS OFFER THE QUESTION.

DO WE NEED A ROLL CALL FOR THAT? ALL IN FAVOR, LET IT BE KNOWN BY, UH, UH, LET ME LET, UH, 10.

YES.

MY CONCERN IN THIS REGARD AND THE FUNDS, AND ONCE AGAIN THAT YOU GUYS HAD ALLOCATED FOR THE SENIOR PROGRAM, AND I HAVE ALREADY SPOKEN TO YOU AND EXPRESS MY CONCERNS ABOUT US GETTING INTO POLICY AND NOT BEING FAIR TO OTHERS WHEN WE GET LIKE THESE KINDS OF ALLOCATIONS.

SO I WON'T BEAT IT.

BUT MY POINT IS THAT WHEN WE TALKED ABOUT IT IN WORK SESSION, YOU DID SAY, HOWEVER, THAT WHAT WE WOULD DO IS RESERVE THESE FUNDS FOR THE EMERGENCY SITUATION.

AND EMERGENCY SITUATION HAS NOT BEEN STATED HERE IN THAT THESE BONDS WERE PUT HERE BECAUSE FOR WHATEVER REASON, TOO, BECAUSE THE YEAR BEFORE WE HAD GIVEN THE ALLOCATION OF FUNDS, WHEN THE PROGRAM RAN OUT OF MONEY AT THE END OF THAT PROGRAM, HE HAD TO HELP SUPPLEMENT SITUATIONS.

AND THE PROGRAM HAS JUST BEGUN.

AND IN NOTE HERE FROM THE AGENCY, IT DOES NOT STATE ANY PARTICULAR, UM, EMERGENCY.

SO I'M OPPOSED TO US JUST MAKING THESE KINDS OF ALLOCATIONS, AS YOU ALREADY KNOW.

AND I WANTED TO MAKE THAT NOTED THAT THERE WASN'T, THERE IS NOT AN EMERGENCY EXPRESSED AND IT FELT WE HAVE POLICY AS IT AFFECTS OTHER AGENCIES WHO MAKE REQUESTS TO US.

I THINK IT SHOULD APPLY TO EVERYONE.

OKAY.

I'M DON MCDOWELL.

YOU HAD SEVEN, I'M DOING WHAT YOU SAID.

UM, AND THE PROBLEM IS THAT IF WE APPROVE THIS EXPENSE NOW,

[01:45:02]

WELL, WE DON'T DO AN APRIL MARK OR SOMEBODY COMES UP WITH SOMETHING.

WE WON'T HAVE ANY MONEY.

SO TRULY THINK WE SHOULD HOLD ON THIS MONEY.

CAUSE I CAN'T BELIEVE THE ORGANIZATION NEEDS IT THIS, OR IF THEY DO IN DEEP TROUBLE NOW, HOW MANY, IF THEY NEED IT THIS EARLY IN THE YEAR, THEN, YOU KNOW, THERE'S, IT'S NOT BEING USED AS EMERGENCY MONEY, MERGE WHAT I'M SAYING.

OKAY.

AND I THOUGHT I MIGHT BORROW THEM.

I THOUGHT THAT'S WHAT WE INTENDED TO BE USEFUL.

THAT'S IT? I MADE A MOTION THAT WE APPROVED IT PROBATION.

OKAY.

OKAY.

IT HAD BEEN MOVED IN SECOND.

IS THERE ANY DISCUSSION? OKAY, COMMONWEALTH PLEASE? UM, YES, YES, YES, NO ITEM 11.

UH, I PULLED THAT OUT ONE ASS, UH, BOB I'M BREATHING IN THERE.

AND HAVE YOU GOT THE GRADES FOR THE COMPUTERS IN HERE? SO WHEN DOES THAT'S THE COST OF NOT, NO, SIR.

OKAY.

WELL I'LL JUST KINDA READ THEM.

OKAY.

I, MY SECOND SEC, EXCEPT TO BE OKAY.

IT'S BEEN MOVED IN SECOND AND WE NEED A ROLL CALL DURING THE DISCUSSION.

ANY OTHER DISCUSSION ROLL CALL? YES.

YES.

YES.

OKAY.

BEFORE WE BELONG TO WARM GRASS, FREE FILL OUT HIS PHONE.

ALMOST ALWAYS HIS FORM HAS FILLED OUT MAGNIFICENTLY APPOINTMENTS.

I HATE TO BREAK IT DOWN FOR THAT FIELD.

NOBODY TURN THEM DOWN.

SECOND MAYOR.

OH, YOU MADE IT FOR YOU TO MAKE THAT.

I LIKE TO GO ALONG WITH SUGGESTION ABOUT A ZONE MINISTRY THAT WE REPORT MR. GASKINS, BACK TO THE BOARD OF JUST BEFORE WE GO TO AN ARTICLE.

OKAY.

LIKE TO INCLUDE THAT IN THE, UH, THE MOTION THAT MR. GASKIN'S NAME AND THE BOARD OF ADJUSTMENTS, EVEN THOUGH WE DON'T HAVE A FULL, IS THAT THE ONE IS WE ALSO INCLUDE A PROVEN THE POLICE CIVIL SERVICE BOARD APPOINTMENT TO, I HAVEN'T BEEN MADE YET.

THEIR NAMES HAVEN'T EVEN BEEN MENTIONED, READ INTO THE RECORD YET.

THEY'RE HERE, BUT THEY'RE NOT.

SO HOW ABOUT SOMEBODY STAYED IN LINE FOR PAYMENT TO THE POLICE CIVIL SERVICE BOARD.

JAY BARRINGTON UP 9 0 4 LYNN STREETS.

AND TO THE PLANNING BOARD, MRS. GEORGINE HANNON A 1306 HERITAGE DRIVE.

OKAY.

AND I'LL ADD IT TO THE BOARD OF ADJUSTMENTS.

CAN YOU MINUTE, MOST OF THE, ALL THE APPOINTMENTS TO BE APPROVED, YOU HAVE PORTABLE.

YEAH.

UH, IT'S GOING TO BE MR. BRUNO PIGS, BUT HE DOESN'T KNOW IT YET.

I NEED TO TALK TO HIM ABOUT IT.

I LIKE TO POINT HIM IN FRONT OF OUR PICKINGS OF HAZEL AVENUE.

I DON'T KNOW.

THE STREET ADDRESS IS 16, 12, I BELIEVE WHAT CELL SURFACE TO SIMPLY CIVIL SERVICE BOARD.

OKAY.

AND EMOTION BE SAID ALL OF THE APPOINTMENTS TO BE ACCEPTED.

OKAY.

UH DO WE NEED A ROLL CALL? OKAY.

ALL IN FAVOR OF THESE APPOINTMENTS POSE THE SAME, PERHAPS WE'LL TAKE A LITTLE CAVALIER ATTITUDE AND SOMETIMES OUR APPOINTMENT FROM CGIAR.

I THINK WE NEED TO TIGHTEN UP THE WAY WE DO IT.

PLEASE NOTE THAT PEOPLE LIKE TO KILL.

UH, I CONTINUE

[01:50:01]

TO RECEIVE LETTERS ABOUT THE POSSIBLE PROBLEMS WITH THE NEWS, WHATEVER COUNCIL GO TO IN THE PAST.

SOMEBODY HONESTLY THE WHOLE BACKDROP ONE DAY.

AND THEN, UH, WE'LL SEE YOUR ONE FROM CAMPAIGNER.

UH, STILL BE A LOT OF, WELL, IT SEEMS THAT THERE'S SOME BIG THING GOING ON NOW BETWEEN THE APPOINTED DIRECTORS AND SOME OF THE OLD APARTMENT FOLLOWERS OF THE PRIOR EXECUTIVE DIRECTOR, I'M GETTING CONCERNED THAT THE SUBJECT OF THEIR BUSINESS IS NO LONGER TO SAVE TAXPAYER DOLLARS AS MUCH AS IT IS A POWELL.

AND I'M GETTING VERY CLOSE TO, TO BRING IT BACK UP TO THE BOARD'S ATTENTION, TO WITHDRAW FROM THIS WHOLE, JUST THE BOOK.

YOU'LL NOTICE THAT IT KEEPS UP SOMEBODY BETTER THAN GETTING AN OLDER LIFE.

IN FACT, THE HOME WAS BREAKING SOMETHING OUT BEFORE THE WHOLE THING.

I THINK IF, UH, IF YOU WOULD ALLOW THE AGENCY THE TIME IT WILL.

I THINK THAT WHAT IS HAPPENING NOW IS JUST, LIKE YOU SAID, IT'S JUST SOME SORE LOSERS OF TRYING TO FIND A WAY TO DISCREDIT THE AGENCY AND THEN WE'LL GIVE IT A CHANCE TO GET STARTED.

BUT IT'S GOING TO GET STARTED.

SOME OF THE LETTERS THAT I HAVE RECEIVED EVENTS FROM SOMEONE, OKAY, WE'RE MOVING ON.

YOU KNOW, MOVING FORWARD, WE HAVE SOLICITED APPLICATIONS FOR EXECUTIVE DIRECTORS AND WE HAVE A SCREENING SYSTEM SET UP AND WE BELIEVE THAT THE AGENCY WILL STILL SURVIVE AT THIS POINT.

IS IT ALL? THAT'S ALL.

THANK YOU.

I'LL PASS.

UH, I'VE GOT ONE THING AND IT'S JUST TO LET YOU GUYS KNOW WHAT'S GOING ON OUT IN THE AREA OF ELIZABETH AVENUE, LONGWOOD DRIVE AND THE SHORT STREETS ALL AROUND IT.

THOSE RESIDENTS OUT THERE COMPLAINING AND COMPLAINING BITTERLY ABOUT THE NOISE AND THE TRAFFIC THROUGH THERE ON WEEKENDS PIN TALKING ABOUT IT AND TALKING ABOUT SEVEN O'CLOCK AT NIGHT, THEY'RE TALKING ABOUT QUEEN 10 O'CLOCK AND TWO O'CLOCK IN THE MORNING.

UH, ELIZABETH AVENUE LONG VIEW DRIVE.

THINK ABOUT THIS A FROM WHAT THEY'RE TELLING ME THAT A BUNCH OF TEENAGERS AT PARK AND AUTISM, AND THEY'RE OVER HAVING A GOOD TIME AND THEY'RE RAISING CANE, THE OWNERS OF THE ESTABLISHMENT, SO THAT DON'T WANT THEM ON THEIR PROPERTY BECAUSE OF THE LIABILITIES.

THE POLICE GO DO THEIR JOB AND THEY, YOU GOT TO LEAD TO ALL THOSE KIDS, JUMPING THOSE CARS AND THEY FLYING DOWN LONG VIEW DRIVE, GOT THEIR WINDOWS DOWN, THEIR MUSIC WIDE, OPEN, SPEEDING, AND JUST CRAZY, YOU KNOW, CREATING ALL KINDS OF HAVING THESE FOLKS ARE REALLY CONCERNED THAT THEY'RE HAVING A HARD TIME.

SOME OF THEM SAY, YOU KNOW, HE JUST ABOUT FALL ASLEEP AND HERE COMES ANOTHER.

SO WHAT I'VE DONE, I'VE TALKED TO ALL OF THEM AND FREEZE TONIGHT TO ON NOVEMBER, THE FIRST WE'RE GONNA HOLD A MEETING THAT THE WEST NEWBURN RECREATION CENTER I'LL BE THERE.

ALDERMAN FREEZE.

ANY OF YOU GUYS ARE WELCOME TO COME TO, UH, THE CITY MANAGER, CHIEF OF POLICE.

AND WE'RE GONNA SIT DOWN WITH THESE FOLKS AND TALK TO THEM AND SEE WHAT WE CAN DO.

WE'RE GOING TO GIVE THEM SOME SOLUTIONS.

WE'RE GONNA GIVE THEM, WE'RE GONNA TRY TO HELP THEIR PROBLEM BECAUSE IT'S, UH, IN THE WHOLE SCHEME OF THINGS, IT DOESN'T SOUND VERY BIG, BUT IT'S A BIG PROBLEM FOR THESE FOLKS WHEN YOU'RE LOSING SLEEP AND BEING DISTURBED, AND YOU'RE NOT SUPPOSED TO BE DISTURBED ON A BACK STREET, THIS ISN'T A THOROUGHFARE, THIS IS A NEIGHBORHOOD.

IT COULD HAPPEN ANYWHERE IN TOWN.

SO WE'RE GOING TO BE ADDRESSING THAT.

AND YOU'LL PROBABLY HEAR A LOT MORE ABOUT IT BEFORE IT'S ALL OVER, BUT WE'RE GOING TO CORRECT THIS PROBLEM AND TRY TO CORRECT IT FOR THE ENTIRE CITY.

CAUSE I DON'T BELIEVE THIS IS JUST ONE PLACE.

I THINK IT'S ALL OVER TOWN.

THE PEOPLE OVER THERE PANTRY, PLUS THE PLACE OVER THERE BEHIND THE RESTAURANT DOCK, IS IT NOOSE VILLAGE, VILLAGE WOODS.

THOSE PEOPLE ARE, THEY'RE HAVING THE SAME KIND OF PROBLEMS PEOPLE FLYING THROUGH THAT NIGHT AND WE NEED TO SLOW IT DOWN.

WE NEED TO PROTECT THESE PEOPLE.

JUST I'LL LET YOU KNOW, SAY IF YOU'D LIKE TO COME, I'LL SEND YOU A LETTER, A COPY OF THE LETTER TO YOU'RE ALL WELCOME TO COME TO THE MEETING.

I MIGHT HAVE SOME GOOD THINGS COME ABOUT IT AND THAT'S ALL I OKAY.

OKAY.

OKAY.

I'M GOING TO HAVE

[01:55:01]

TO SAY IT IS QUITE AN EXPERIENCE.

WELL, YOU DID A GOOD JOB.

WOULD DO PLEASE JUST SAY TO THE GROUP WHERE THE MAYOR IS AND WHAT THEY'RE DOING.

I DON'T TELL HIM LEAVE WASHINGTON DC, NO TESTIMONY AS WAS REPORTED IN MY JOURNAL TODAY AND AN ARTICLE BY LAURA AND THE MAYOR AND THE CHIEF ARE BOTH AT WASHINGTON DC.

AT THIS POINT IN TIME AND TOMORROW THEY WILL BE AT THE HOUSE TO HAVE THE BIG ANNOUNCEMENT ABOUT THE GRANTS AND, AND THOSE TYPES OF THINGS WITH SEVERAL OTHER POLICE CHIEFS AND MAYORS FROM ACROSS THE UNITED STATES, THEY'RE THERE TO GET CASH AND BRING IT BACK.

THEY ALSO CAMPAIGNING FOR MR. CLINTON.

THAT'S A JOKE.

YOU'LL BE BACK NEXT TIME.

I LIKED DOING THAT.