REGULAR BOARD MEETING of
Also present were Richard Betz,
Bill
Coward, Lamar Nix, Kim & Jim Lewicki, Adam Thompson, Mario Gomes,
George
Mathis, Bronce Pesterfield, Mai-Beth Ketch, Craig Justus, Bob Long,
Andrew
Parker, Bill Nellis, and others.
I. Call
to Order.
The Mayor called the Regular
Board Meeting
to order at
II.
Approval
of Agenda.
Copies of the agenda had been
distributed
by mail. The Town Attorney had requested
deferring the discussion of the proposed Subdivision Ordinance
amendment under
New Business to Closed Session in order to discuss its legal
implications, and
the Town Administrator asked that review of an employment application
for the
meter reader position be added.
MOVED BY COMM. MARSH, SECONDED
BY COMM.
PATTERSON, AND UNANIMOUSLY CARRIED TO APPROVE THE AGENDA AS AMENDED.
III. Approval of Minutes.
Copies of the minutes of the
April 5
Regular Board Meeting had been distributed by mail.
MOVED BY COMM. PATTERSON,
SECONDED BY COMM.
MARSH, AND UNANIMOUSLY CARRIED TO APPROVE THE MINUTES AS DISTRIBUTED.
IV.
Reports.
1. The
Mayor reported that he and several Commissioners and staff had met with
Graham
Fields, Western Regional Representative for Elizabeth Dole's office, on
April
6; Mr. Fields had been very positive about the possibility of funding
to
address the silt problems in the lakes.
2. Comm.
Ross reported that the ETJ Liaison Committee had nearly completed
answering
questions raised at previous ETJ public meetings, and had scheduled
meetings
for the final three ETJ areas on May 11 and May 25.
3. Comm.
Patterson reported that the Finance Committee had met and reviewed the
applications for funding from non-profit organizations; recommendations
would
be incorporated into the budget next month.
4. The
Town Administrator asked the Board to set a date at which abandoned
vehicles
currently stored on Town property could be sold.
MOVED BY COMM. MARSH, SECONDED
BY COMM.
DEWOLF, AND UNANIMOUSLY CARRIED TO ADVERTIZE FOR THE
He also reported that George
Schmitt had
resigned from the Scholarship Committee the previous year; the
Committee would
be meeting soon to review scholarship applications.
MOVED BY COMM. JAMES, SECONDED
BY COMM.
MARSH, AND UNANIMOUSLY CARRIED TO APPOINT BUD POTTS TO FILL MR.
SCHMITT'S
UNEXPIRED TERM.
He also reported that informal
bids had
been received the previous day for pole change-outs, as discussed at a
previous
meeting, as follows:
................................................
! M. B. Haynes.................................................. $131,375.00
...............................................
! Dillard
Smith...................................................
147,445.68
There was $110,540 remaining in
Capital
Outlay in the Electric Department after completion of the
re-conductoring
project. Town Engineer Lamar Nix said
that the project would consist of 91 poles in the Mirror lake,
Webbmont,
MOVED BY COMM. JAMES, SECONDED
BY COMM.
ROSS, AND UNANIMOUSLY CARRIED TO APPROVE THE PROJECT, BUT CONTINGENT ON
REDUCING THE AMOUNT OF WORK TO $110,540 OR LESS.
V. Old
Business. None.
VI.
New
Business.
1. The
agenda package had contained an order drafted by Town Attorneys Bob
Long and
Andrew Parker concerning the
Craig Justus said that the order
had
indicated that the projects had been approved except for inadequate
proof to
satisfy the Board that they met the built-upon requirement due to use
of
pervious pavement. He submitted plats
that had been revised as a result of correspondence with the project
engineer,
and reported that he had met with Comms. Ross and DeWolf earlier in the
week. He then reviewed revised plans for
Satulah Village South, which included the removal of driveways for Lots
15 and
16, and Satulah Village West, which he said would be amended to include
the
elimination of Lots 1 and 2. He said
that the applicant was requesting approval for the projects tonight,
but would
be open to changes in the Ordinance that would permit closer setbacks
to the
road, which would not constrain the applicant as much in locating
dwelling
units; the units would have shorter driveways and more open space would
be
created in the rear. He submitted photos
of developments of this type. He then
submitted some information on pervious concrete, how it worked and
where it was
used, including a letter from the North Carolina D. O. T. giving the
material
conceptual approval status. Bronce
Pesterfield elaborated in some detail on the material.
Comm. Patterson expressed a concern over lack
of infiltration into the ground. Comm.
Dewolf expressed a concern over its effectiveness on slopes and over
time. Comm. Ross noted that the
specifications
called for annual vacuuming, power blowing, and pressure washing. Mr. Pesterfield said an O&M manual could
be provided, and Mr. Justus said maintenance could be provided for in
the
covenants.
Mr. Justus then discussed a
project for
Richard Boger which the Zoning Board had approved without a variance,
on which
Comm. Ross had done the design work, where pervious pavement had been
used in
order to meet the 70% built-upon for commercial property.
He said that the interpretation of the Zoning
Administrator was that it should be given 100% credit.
He also said that he had mentioned the
Mr. Long asked how Section
109(E) applied
to this case since it focused on re-construction. The
Town Administrator said that this section
applied to "maxed-out" lots, not this development.
Mr. Long also asked about the BMP manual's
statement that pervious pavement should be used on slopes less than
0.5%, and
its applicability was limited to coastal areas.
Mr. Pesterfield said this was an experimental, cutting-edge
technology
that had originated in coastal areas and was just now being used in the
mountains. Mr. Long also noted that the
BMP referred to the material as "partially impervious."
Comm. DeWolf explained that he
and Comm.
Ross had meet with the developers in order to see if there was a way to
move
forward. He had suggested that if the
right-of-way was only 18 feet, vehicles could park immediately off the
street,
built-upon could be decreased, and the net effect would be positive. Comm. James noted that that would require an
Ordinance change. Mr. Justus suggested
that the Board could approve the projects conditioned on entitlement to
a
setback variance.
Comm. Patterson then said that
in her
opinion these projects did not meet the definition of cluster
development in
our Ordinance. She took the Board
through a logical explanation of the Ordinance, which she said clearly
said
that the watershed regulations supplement the underlying zoning
districts;
single-family residential development in WS-III-BW should not exceed
two units
per acre, and no residential lot should be less than one-half acre, two
separate
statements which defined a distinction between density and lot size. She then reviewed the applicable provisions
in the Zoning Ordinance and Subdivision Ordinance in some detail and
said that
the developers had started with the wrong premise, that they were
allowed seven
units per acre instead of two per acre; seven per acre was the last
test or
clustering, not the starting point.
Comm. Ross said that her
argument made
total sense, but he had been going along with staff and the Town
Attorneys. Bob Long then explained that
he and Mr. Parker had looked at this issue, discussed with the
Institute of
Government and DENR officials, and had concluded that the Ordinance
permitted a
density of seven per acre if development was clustered pursuant to the
conditions
defined. Comm. Patterson disagreed; she
said that the Board knew what their intent was when they adopted the
Ordinance,
and it wasn't intended as a way of getting around the watershed
ordinances. Comm. James asked about the
Scott Cole
project; the Town Administrator said that project had not been approved
by this
Board, but it had begun the discussions which had resulted in the 2004
clustering amendment. Craig Justus
submitted copies of the minutes of the meetings at which Scott Cole's
proposals
for 12 units on 1.95 acre had been discussed; at that time, clustering
was not
allowed at the higher density, but the Ordinance had been amended to
provide
for it. He said the old Ordinance before
2004 said what Comm. Patterson contended; the new Ordinance permitted
the
higher density.
MOVED BY COMM. PATTERSON,
SECONDED BY COMM.
MARSH, TO DISAPPROVE BOTH OF THE PROJECTS SUBMITTED BASED ON FAILURE TO
MEET
THE DENSITY REQUIREMENTS OR COMPENSATE FOR REDUCTION IN LOT SIZE WITH
EQUIVALENT OPEN SPACE. Comm. James felt
that the phrase "underlying zoning district" presented a
problem. Comm. DeWolf said he did not
disagree with Comm. Patterson; he thought clustering had been misused
here, and
had hoped that the density could be reduced.
THE MAYOR CALLED THE QUESTION AND IT CARRIED, with Comms.
Patterson,
Marsh, and DeWolf voting "aye," and Comms. James and Ross voting
"nay."
Comm. James said he had been
interested to
learn that two Commissioners had met with OEI officials after the Board
had
been told at the previous meeting that they would litigate this matter;
he
wondered if this had been done with the blessings of the attorneys. Mr. Long replied that he had discussed it
with them prior to the meeting.
2. Each
Board member had received copies of a proposed amendment of the Zoning
Ordinance, Section 115, Slope Development Standards, recommended by the
Planning Board and reviewed by the Town Attorney.
MOVED BY COMM. PATTERSON,
SECONDED BY COMM.
MARSH, AND UNANIMOUSLY CARRIED TO ADVERTIZE FOR A PUBLIC HEARING FOR
JUNE 7.
3. Each
Board member had received copies of a proposed amendment of Section
206.5,
changing the "underlying" density for single-family residents in the
B-3 district from 6000 SF to 22,000 SF, drafted by the Town
Administrator as
requested by the Board; it had been reviewed by the Town Attorney.
MOVED BY COMM. MARSH, SECONDED
BY COMM.
DEWOLF, AND UNANIMOUSLY CARRIED TO ADVERTIZE FOR A PUBLIC HEARING FOR
JUNE 7.
Comm. Patterson said that she
felt adoption
of the amendment would be for clarification purposes only.
4. Each
Board member had received a resolution asking the Macon County Board of
Commissioners to appoint one member from the Town's extraterritorial
jurisdiction to the Zoning Board, as discussed as the previous meeting
and
re-drafted by the Town Attorney.
MOVED BY COMM. PATTERSON,
SECONDED BY COMM.
MARSH, AND UNANIMOUSLY CARRIED TO ADOPT THE FOLLOWING RESOLUTION:
RESOLUTION
REQUESTING THE BOARD OF COUNTY COMMISSIONERS
OF
MACON COUNTY
TO
APPOINT ONE MEMBER
TO
THE TOWN OF HIGHLANDS ZONING BOARD OF ADJUSTMENT
AND
RESCINDING RESOLUTION OF JANUARY 4, 2006 REQUESTING
APPOINTMENT
OF TWO MEMBERS
WHEREAS, Article 600, Section 601(B) of
THE ZONING ORDINANCE OF THE TOWN OF HIGHLANDS ESTABLISHING A ZONING
BOARD OF
ADJUSTMENT FOR THE TOWN OF HIGHLANDS AND PROVIDING FOR THE GOVERNANCE
THEREOF,
as amended on January 4, 2006, requires that the extraterritorial
jurisdiction
area have proportional representation on the Zoning Board of Adjustment
based
on the population of the regulated area in accordance with G. S.
160A-362; and
WHEREAS, the ordinance specifies that
the Macon County Board of Commissioners shall make these appointments;
and
WHEREAS, in a resolution adopted on
January 4, 2006, the Board of Commissioners requested the Macon County
Board to
appoint two representatives to the Zoning Board; and
WHEREAS, a re-calculations of
populations of the relevant areas, based upon the County's 911 data and
U. S. Census Bureau data, shows
that
proportional representation would require that only one member from the
extraterritorial jurisdiction area be appointed to the Zoning Board; and
WHEREAS, the member so appointed by the
Macon County Board shall serve from the date of appointment until the
regular
expiration of the initial term on June 30, 2006;
NOW, THEREFORE, BE IT RESOLVED, that
the Board of Commissioners of the Town of Highlands respectfully
requests the
Board of Commissioners of Macon County, pursuant to G. S. 160A-362, to
appoint
one regular member to the Zoning Board of Adjustment for the Town of
Highlands
for a term from the date of appointment, with the initial term to begin
upon
appointment and to expire on June 30, 2006.
5. MOVED
BY COMM. DEWOLF, SECONDED BY COMM. MARSH, AND
UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G. S.
§143-318.11(A)(3) TO CONSULT WITH THE TOWN ATTORNEY ON LEGAL
MATTERS CONCERNING
A PROPOSED SUBDIVISION ORDINANCE AMENDMENT, AND PURSUANT TO G. S.
§143-318.11(A)(6) TO REVIEW AN APPLICATION FOR EMPLOYMENT FOR
METER READER. The Mayor declared a
five-minute recess and
all present left the room except the Clerk, the Town Attorney, and the
Public
Services Administrator
A. The
Public Services Administrator reported that Richard Bradshaw had
resigned, and
the Board reviewed several applications for the position of meter
reader,
including that of Scott Houston.
B. Town
Attorney Bill Coward reviewed the legal implications of a proposed
amendment of
the Subdivision Ordinance to provide for different variance standards.
C. The
Board discussed Larry Gantenbein.
MOVED BY COMM. PATTERSON,
SECONDED BY COMM.
DEWOLF, AND UNANIMOUSLY CARRIED TO GO INTO OPEN SESSION.
6. MOVED
BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED TO
OFFER
THE POSITION OF METER READER TO SCOTT HOUSTON AT A BEGINNING SALARY OF
8-1
($20,771).
VIII. THE BOARD AGREED BY
CONSENSUS TO
ADJOURN.
There being no further business
to come
before the Board, the meeting was declared adjourned by the Mayor at
9:30 p.m.
________________________________
Richard
Betz, Town Clerk