Residents speak in support of measure
Robbinsville – Attendance inside the mayor’s office morphed into standing room only, as residents from Sweetwater Apartments turned out to support a modified ordinance.
The Town of Robbinsville Board of Aldermen have been working for several months to tweak an existing law concerning animal care and control within the city limits.
Before, the ordinance carried Class 3 misdemeanor charges for violation; now, the town has implemented fiscal penalties, as mapped out in Section 14 of the new law: Penalty for Public Nuisance.
The first offense constitutes a $50 fine; the second, $100; the third, $500.
All fines are to be paid within 14 days of the citation being issued.
Failure to pay any level of the fines will result in a criminal summons being issued, as well as a fine no less than $500.
Many of the Sweetwater Apartments’ residents chimed in during the discussion on the new ordinance. The complex sits just on the border for the town limits, but those in attendance were more concerned about a property owner that sits on the outskirts of the municipality on Moose Branch Road.
Allegedly, the resident allows several of his dogs to roam freely, which disrupts those at the apartments throughout the day and night – especially the pet owners at Sweetwater. It was also alleged that if one of the unleashed dogs becomes a nuisance, the unidentified property owner will simply kill the animal – something a few of the apartment’s residents agreed they had witnessed before.
“At night, they come over to our complex, sit at our windows and bark. It keeps us awake,” resident Elishelah Wright said. “They leave their droppings there. They’ve killed some of the local cats.”
“It starts around midnight and the dogs will not stop until around 4 in the morning – or later,” Shena Ledwell added about the overnight barking. “They need to be chained up, because ours have to be on a leash anytime they’re out.”
The ordinance also includes a $500 fine for cruelty to animals (Section 6): charges are a Class 1 misdemeanor.
Taking another look
Refreshing the ordinance (which was No. 2006-001, Section 4 until the latest revision) came in the wake of a dispute between adjacent neighbors Michael and Katlyn Eddings, and David Hall.
Legal proceedings began concerning the Eddings’ dog, Leo – a Great Pyrenees – after Hall complained about alleged constant barking from Leo, shortly after the Eddings’ moved into a home on Atoah Street in late-2021.
Hall’s residence sits across the street from the Eddings’; Hall has contended the barking interferes with his ailing wife’s ability to rest.
A citation was issued last year about Leo’s barking. Former assistant district attorney Caleb Decker allegedly told then-sheriff Jerry Crisp, “Charge him (Michael). I’ll prosecute him.”
Instead, Decker bungled the case by offering the Eddings’ a plea deal: the charges would be dropped if the couple would have Leo’s vocal cords removed. Decker was soon dismissed from his role and the district attorney’s office would not confirm whether the firing and the proposal were related.
Regardless, the office chose to drop the charges late last year – though the dispute has continued.
Hall was present for the passing of the updated law June 7; the Eddings were not.
Budget woes
The town is still searching for stability with its finance officer position, after Tasha Gubernath left to take a job at Maggie Valley.
Michael Richardson has been named the interim and has agreed to stay through July – but he will be feverishly working to catch up the town on several issues.
Most importantly, a preliminary budget was not ready for the board’s review June 7. With the mandated, fiscal year-end deadline of June 30 looming, Richardson said he could not locate even a preliminary version of a 2023-24 budget, but has consulted with department heads and the county tax assessor’s office to help develop a draft. Richardson said he hoped to have the preliminary version available by June 14 – which was just after The Graham Star’s press deadline – and a special-called meeting will be held to ensure the town does not violate the state statute.
Later, Richardson told the aldermen during his finance update that of the 35 document requests made by auditors for the 2021-22 review, 10 had not been provided. Nothing new has been sent since August of last year.
Additionally, the town has been scrambling to catch up on payroll, insurance payments and even accounts payable. Richardson said he found some bills that were due in January, but the problem is quickly being eradicated.
“Sleeping” ordinance
After months of public opposition, there was very little said about the town’s proposed loitering ordinance, which – if passed – would prohibit anyone from sleeping in a public place within town limits from 10 p.m. to 7 p.m. The only exception is if someone is sleeping in their vehicle.
At the June 8 assembly, the only mention was another letter opposing the measure; sent by the National Homelessness Law Center. Mayor Shaun Adams advised the board to read the letter – dated June 5 – which included references to a well-known case from Idaho, Martin vs. City of Boise.
The 2019 ruling came after Boise passed a similar ordinance, a resident sued Idaho’s state capital after being cited for sleeping on a public bench – and won, costing the city $854,482.
In 2021, Boise shelled out an additional $1.335 million into curbing its homelessness problem.
Adams has referenced this case during past meetings.
The American Civil Liberties Foundation sent a letter to the town in March, condemning the aldermen for considering the measure. The board held two public meetings about the topic – the April 5 hearing did not draw any public interest, while an April 27 re-do at the Graham County Courthouse attracted 15-20 residents, since it came after work hours – but the aldermen have yet to act on the ordinance.
Old hall sells
Another topic open for public comment at the April 5 hearing was the sale of the old town hall.
Following standard procedure, the hearing was followed by a request for bid. The town implemented very few parameters – the two biggest being a minimum bid of $20,000 was required for consideration and the property must be sold “as is.”
The board opened the two sealed bids submitted June 8. The owner of Wheeler’s Performance on U.S. 129 – Kenneth Wheeler – has expressed a desire for months to open a bike shop at the location and ultimately outbid another offer to obtain the property, $22,501-$21,000.