City Council - Regular Meeting

like to call this emergency call meeting to order. Councilwoman Katherine Bill, could you lead us in prayer order?

done this week so far. Um but um those are the occurrences. Those are where they occurred at. Um I don't give a lot of details on the victims because I don't want them don't wish them to be revictimized. Um and like I said, we're working actively on it. Um, as you all know, um, we work closely with ATF, FBI, and the DEA. We have task force officers with each of those. Um, task force officers are our police officers that work directly with those agencies. Um, we called in SBI. I was out of town when the first one occurred. I was at a conference. Um, immediately the very next morning, loaded up and came back from the conference without finishing the conference. Um because this does affect everybody that affects him. Um it's egregious and anytime any property damage, loss of life or anything, anyone gets hurt. Luckily, we haven't seen loss of life in these instances, but they could have very well happened. Um I've employed as much resources as I possibly can. not been in contact with the North Island State Highway Patrol first sergeant for this region. Um, they got their hands full with the impending weather, but he was willing to help me out the best he could. Like I said, SBI has been boots on the ground since this occurred. Um, they came out and assist us with crime scene the first night and also with the investigative process of it all. Um, I would like to say it's not going to ever happen again and that we got a grasp on him. Um, we know individuals that are involved. I'm not willing to give any information on those individuals right now because it is an ongoing investigation, but we're doing our best to create probable cause or find probable cause to make an arrest in

these situations. Um, and I can't tell you all the tactics that we use to to try to track and and follow people and figure out where they're at and everything else. Um, I can't tell all the tricks. I wish I could. I wish I could be that transparent, but I really can't. Um, but it has been nonstop. Every case we get is nonstop. I've given 28 years to this thing, and I promise you I carry I carry this on me. Um, understand. Um, [clears throat] we have to do something. I'm not saying what that is. Um, I have a different opinion. um in in certain things, [snorts] but we we align and that something has to be done. Um I applaud the mayor for taking a proactive approach to this. She's never sat back and just watched things happen. She's always been proactive in and what she's trying to do for this city and and the citizens. Um she feels their pain as each one of y'all do. Um, and I do and my officers do cuz my officers have to show up to this and they see this firsthand. They experience it. It affects our neighborhood just as much as anybody else's neighborhood. Um, affects our home lives. So, um, that's the guidance I can give you. If you have specific questions, I'll be more than glad to answer them.

Go ahead, M. So, I guess my question is for you specifically about the the curfew uh from a law enforcement uh perspective. You know, I want to know what you think about the curfew as far as whether it's going to be a benefit, how it's going to affect the police department, and how do you think it may affect the uh the city of what we're dealing with currently. It has a lot of benefits. I I can say that it would it would have a lot of benefits. Um it's I tried to find multiple examples today. Some state of emergencies are done just as um uh showing a support for law enforcement and have no teeth. Um some are geared toward juveniles. Um so far I can tell you this about the investigation process. We're not dealing with juveniles as the perpetrators in this. So a juvenile curfew is not going to assist us in anything dealing with this. Um, but I also don't want to impose on anybody's freedoms of of movement as far as in our law abiding assistance. Um, but I applaud the mayor for for taking a proactive look at this and an approach to it and whatever y'all decide, I I'll do my best to oblige it and handle it.

I have one more question for you, mayor. So, do you have uh the what the provisions will be for this particular curfeit that you're trying to implement? Well, actually uh the attorney drew it up and if I do have it, we I don't have a copy because I have it by phone. It couldn't get through electronically. I can read it. Um the challenge with it is that um he wanted us to hone in on the communities or the neighborhoods where the incidents happened. If we do that, it's going to be at least three of the wards. And that would include ward two, three, and four. So, I can tell you that much.

And if I can speak to that one a little bit, and he's basing that off of what has occurred of what this problem to occur. Um, he's basing it on the current instance of the past 48 hours. So, um, it could happen. You know, it they're targeted locations. It's obvious that they're targeted locations. We we know that to be factual, right? Who's to say the next targeted residence isn't in a ward that's not named in that? Um, but with ward one, if I'm not mistaken, chief, didn't we have shots fired at party pickup?

U, I've got to verify that. Okay. But we had no no u for that location. I I want to ask the outdo question. So since I stay near that area the what is the pro sounds like it's a possible question. What's the probability on the west avenue of me hearing it in ward one? The gunshots in Ward one is we're 8 and a half square miles open air at night you can hear it.

Okay. Um you you can I I live over a mile away from our um training center [clears throat] and three miles away from our training center. I can hear our training center remind um just just through echoes and things but because I did I mean I I was wondering I don't know what night the um party pickup area may have been but that particular night I did hear the gunshots fall outside. So, I was just wondering if it was May, you finished. Yes, ma'am.

Yes. Good evening. I was just waiting to chime in. Um, representing Ward 4. Um, we definitely have a gun violence problem. We have a drug problem. We have several problems over there. I've always been for curfews, whether it was a juvenile curfew 6 months ago, a year ago, or a citywide curfew. And of course, I do not want to restrict the movement of law-abiding citizens, but I am for the citywide curfew. I would like to know the dates and the times and how long the restriction would be in place. Absolutely. I'm going to read it when I she asked my question. So,

okay. Anybody [clears throat] that was kind of um what are we proposing time?

Um I don't agree with the time. Let me say that out loud. Um I think it's very early, but I believe that when Mr. Hart drafted this document, he was looking at the times that the incidents occurred in the last three days. Um, [clears throat] we are not, we all know that we have challenges in our community as it relates to gun violence, but I just want to be clear about it. You know, this in the last 72 hours, we've had two juveniles, two young people that had absolutely nothing to do with anything. And so, to me, this is public safety all day long. But I will read the um uh Oh, uh, Mr. Seafood wants to join. He's

Okay. So I just thought it okay. It says an ordinance an ordinance to declaring aid of emergency and imposing a temporary curfew in the interest of public safety. Whereas there have been a series of shootings and gun violence within the city of Henderson over the past several days. Whereas the Henderson Police Department is aware of specific threats of continued gun violence and is actively working to apprehend those who have participated in the recent incidents. Whereas it is believed that these threats are directed to residents of certain neighborhoods, but there are concerns that such threats of violence may impact other areas of the city of Henderson. The mayor of Henderson in consultation with the city council, which is what we're doing now, and the police department has determined that in the interest of public safety, it is necessary to impose a mandatory curfew in the neighborhoods in which recent incidents have occurred and which are subject to continued threats and to encourage all s all residents to exercise caution and remain indoors during the time specified below. Whereas pursuant to section 10-8D1 of the city of Henderson code of ordinances, the mayor has the enthor the mayor has the authority to impose a curfew in certain areas of the city during a state of emergency. And whereas the currently exists a state state of emergency within the city of Henderson due to the threats of continued gun violence. It says, "Now therefore, be it proclaimed that I, Melissa Elliot, the mayor of the city of Henderson, hereby proclaim that there exists a state of emergency within the city of Henderson

due specific threats of continued gun violence within the city which endangers the life and safety of the general public. Further be it proclaimed that pursuant to section 108D1 of the city of Henderson's code of ordinances a curfew is imposed as set forth herein except as necessary for traveling to and from employment seeking medical assistance or seeking food or other commodities of service necessary to sustain the well-being of oneself or family or otherwise exempted by law from this proclamation. No one shall be or travel upon any public street, alley, or roadway, or upon public property during the hours of 8:00 p.m. through 5 a.m. in the following areas. All of the other residents of the city of Henderson are hereby advised to exercise due to caution, and it is recommended that citizens stay indoors during the hours spec specified above for their own safety. The mayor, city manager, and the chief of police will monitor the situation on a daily basis to determine the need for this curfew to remain in place. This curfew shall apply during the period specified above for each day until the curfew is removed by proclamation of the mayor or as directed by the council on this 22nd day of January 2026. So basically, I believe the agreement was 5 days if I'm not mistaken, Mr. measure.

Yeah, ma'am. Friday and Tuesday? Yes. So, that's what was um that's what it says. And is this going to be citywide or is it just going to be the three wards that you name? That will be totally up to the police chief.

I mean, I can make the call, but I would rather him do it. I've made it adamantly clear that I'm against imposing it just on certain certain boards. Um [clears throat] I think it leads us down that is and I'm trying to figure out how exactly do I impose it? How do I enforce it that way? You know, um I I know what it gives me permission to do, right? and and what it leads me down the road to do. But, you know, we're we're facing a a storm that's coming. People are trying to get to the store and buy monies and goods and things like that. Now, I know it covers some of that. Um, I I know what it says and and what it allows me to do, but it's it's a it's a hard document to enforce um in that in that way. and that man. And the last thing I want to do is look, I want to target bad people. I don't want to target good people. I don't want to impose things on on certain neighborhoods or certain people. Um, I want to be fair about it. So, um, even though I have input, it's not my document. Um, I think that's why she brought it for guidance and and looking for for guidance here on on what to say and all. Um, I know what the attorney wrote.

That doesn't mean I have to agree with what the attorney says, right? I'm my own person. I have 20 years of doing this and 13 years of being the chief. Okay. So take my opinion for what it's worth. I appreciate it. Thank you. Thank you, Chief. Thank you. It's It's up for discussion because I'm going to proclaim I'm going to make a declaration, but it is up for discussion. So, I'm asking for input before I say what should happen. I really want you all to be a part of it. I don't want to do it by myself. What were the times again? Is it 8:00 p.m. to 5 a.m. 8

or 5 days? Five days. Yeah. Uh citywide or specific? I don't know how we're going to do board specific because there was an alleged there was an alleged it's two, three, and four if we do just the incidents, but there was alleged shots fired in one. So I just think it would be fair across the board instead of just doing two, three, and four. I think it should be citywide. Okay. Do we have a consensus? So you could citywide to me. Do we have a consensus for citywide? Yes. All right. Well, that's so we have to stay to that time, the 8:00 time.

The time can't be like push back to maybe 10:00. Too late. kind of given to them just still motivating them looking at the times I would agree with 8 I don't agree with 8:00 just simply looking at okay how many people

because when you look at it you got to look at we have businesses that stay open till 9:00 and some businesses that stay open to 10:00 and we got to understand people still work so if it's a fast food chain and they close have to close at 8:00 and they close at 10:00 cutting people hours. People already complaining about how the taxes and they can't pay this C. So if you cut your money, that's why I said 10:00, 8:00, some of us making do. I can do 8:00 and I'm good. But I'm thinking about the other people that have to go to work and needs and when you cutting their hours like that, to me that's not good.

Yes, ma'am. I have a question for the chief. I come on back. That's fine. So, chief, the first shot, the the first act around what time was that? Um, I estimated I think it's on the document. I thought they not document. It was Yeah, it was right before six, was it? Yeah. Everything occurs before um before we did something.

Everything has occurred before 10:00. But again, we have a transit community, right? We have people flowing through here from other counties that that come through and things like that. So, like I said, um certain portions of this will be easily enforceable, certain portions of this will not be easily enforceable. Um since I've been here, I remember one one time me requesting that I requested that we do a curfew and that was during a bad storm where we lost power in a large portion of the city. Um, we had to evacuate a nursing home, actually two nursing homes I believe, uh, gas leaks and things like that. And, um, I requested a a curfew for that. And it was extremely difficult and that was during the middle of a severe weather event. So, um, again, I'll leave the times up up for for this group. I'll support 10 million.

Say again. I said I will support 10 p.m. Okay.

Okay. All right. So, um I guess once we get this printed off, we're going to go with citywide. Okay.

10 p.m. for 5 days. And I have full confidence in our police department because our chief and his and his uh employees work very hard to apprehend the suspects. I feel like they'll be in custody before Tuesday. I do. Um so just wanted to throw that out there. And again, because of the urgency, no one should get shot, but when you talk about children getting shot, I that's not a good space for me. So, uh, we'll do 5 days. 10 Are we leaving it at 5:00 a.m. or are we going to move that up? [clears throat]

Cuz some people need to work in the morning. Okay. 5:00 I think. So, 10 p.m. to 5:00 a.m. for 5 days. Um, you got something, Pam? I was just going to suggest that you want a uh a vote. We don't need a vote for this. You don't? But I just wonder if you want to go into about it.

No, we don't need to go. I think a discussion has pretty much laid out what it needs to look like. Um 10:00 to 5:00 a.m. citywide for 5 days. All right. The second thing was that's done. It's um we're gonna also do a state of emergency for our weather, which I'm hoping to keep a lot of people in so they don't have to worry about curfew. [clears throat] But anyway, um so yes, we have a state of emergency for the weather coming. Um we do know our governor has already done a declaration of a state of emergency. So we just want to be proactive so that if we need um some support after this storm, this proclamation will be in place. So, it's a declaration of a state of emergency. Whereas, a significant winter storm is forecast to impact central North Carolina this weekend with the potential for freezing rain, snow, ice pellets, and gusty winds due to a strong cold front moving through the region. Due to bitterly cold temperatures on Saturday and Sunday, significant weakened winter storm, the likelihood of hazardous travel conditions, including icy roads and blown debris from wind, are expected. Such conditions present a threat to the public health, safety, and welfare of Henderson residents by increasing the risk of traffic accidents, power outages, power damage, and freezing conditions. Um, article 1A of chapter 166A.22 authorize a municipality to declare a local state of emergency and exercise the powers and duties set forth therein to direct and aid in the response to and mitigate against emergencies. I'm Melissa Elliott, the mayor of the city of Henderson, North Carolina, by virtue of the power vested in me by article 1 of North Carolina General Statute Chapter 166A and by the city of

Henderson code of ethics, title 2, chapter 10-8, do hereby declare that a state of emergency exists within the city of Henderson due to the impact of major winter storm this weekend. Um, just a footnote, uh, met with Haylor and his department heads and they are doing an amazing job to prepare for this storm. So, thank you all uh for that. And that's all I have. Does anybody have anything else? Got one question. Oh, Mr. How would you expedite so that they would so the citizens would know about the perpetrator? How would that be put out?

That's a great question. Um Tracy, can we put it out on our page and I can lift it up on social media maybe? And Tyler, could you help us out with that? Thank you so much. Yeah, there you go. Any more questions? Motion to adjourn. Second motion have a motion by council venable and seconded by Mayor.