Rockford hears updates from town attorney
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By Christa Jennings
Senior Staff Writer
The November meeting of the Rockford Town Council was short and simple, lasting only about 18 minutes with only one agenda item other than usual monthly business.
With all members present except Councilmember Nieshia Whetstone, the Town Council heard updates from its attorney, Tom Young. Aside from standard business such as approving the previous meeting minutes and the financial statements, that was the only item on the agenda.
Young’s update for the council primarily concerned the obstruction of the town’s sidewalks. He reviewed how the town can enforce its existing ordinance and other matters and provided the council with a letter he had drafted to help address the matter.
Young stated at the meeting that he prepared the letter at the town’s request. He stated that it would be neglectful of the town not to enforce this ordinance or other ordinances.
During discussion Young said that existing awnings would be grandfathered in and have an indemnification clause that would apply for those.
The letter would be directed to the property owners, and in part it reads, “Town sidewalks cannot be obstructed in any way in order to provide the safe use of said sidewalks by its citizens and visitors. Obstruction of the sidewalks can include any items that are placed on said sidewalks by anyone other than the town, that would interfere with the use of the sidewalk in any way. This would also include any items hanging from buildings onto the sidewalk.”
The letter further explains that the town has liability insurance to cover the town’s use of the sidewalks, but that the coverage does not extend to private citizens or property owners “when they cause damage or injury as a result of improperly placing things on the sidewalks.”
The letter also addresses the property owners who “have an extension of their building, in the form of awnings, that have been in place for an extended period of time.”
For those property owners who have had awnings in place “for an extended period of time,” the letter explains that the Town Council decided “to grandfather those exceptions to pedestrian use of the sidewalks, with the exception that any of said property owners sign an Indemnification Agreement, guaranteeing that they will protect the town from any liability that may occur as a result of their use of the sidewalk with said awnings.”
Per the letter, if the property owners are not willing to sign the Indemnification Agreement then the town will enforce the ordinance by “disallowing any and all structures to be placed on the town sidewalk.”
Young stated that if the town approved the letter then it could be sent to property owners. When Councilmember Lynn Anne Castleberry asked if the Indemnification Agreement and exception only applied to awnings, Young said yes, because other things are movable.
During ongoing discussion, Councilmember Robert Smith asked about a time frame for if the property owners it applies to do not sign an Indemnification Agreement. Young stated that the letter did not include a time frame, but that the council and he could modify to add a time frame if the town so wished.
Smith further asked what happens if the property owners do not sign the agreement and do not remove the awnings. Mayor Scott White said that the town would probably remove the awnings, with the property owner incurring the expense.
After discussion, the council agreed with adding verbiage to the drafted letter to state that if the property owners it applies to do not sign the Indemnification Agreement then the awnings would be removed within 30 days at the expense of the property owner.
The council unanimously approved the letter, pending that additional language.
Also during his updates, Young thanked the council for sending him to an annual conference, stating that it was well spent and beneficial, adding that he was able to network with other town attorneys. He said the conference provided useful information that will come in handy.
During the meeting White also reminded everyone of the town’s Christmas festivities Saturday, December 9, including the parade at 6 p.m. tomorrow.
The next regularly scheduled monthly meeting of the Rockford Town Council will be held at 6 p.m. Tuesday, December 18.
