REGULAR BOARD MEETING of February 6, 2008, with Mayor Don Mullen and
Comms. Amy Patterson, Hank Ross, Dennis DeWolf, Larry Rogers, and John
Dotson present.
Also present were Richard Betz, Lamar Nix, Joe Cooley, Josh Ward, Kim
Lewicki, Linsey Wisdom, Eric NeSmith, Alan Marsh, Hillrie Quin, Bob
Kieltyka, Melody Spurney, Terry Davis, David Wilkes, Sandra Baty, Bill
Rethorst, Michael Dixon, Gary Schmitt, Glenda Bell, Nancy Hart, Frank
Davis, and many others.
I. Call to Order.
The Mayor called the Regular Board Meeting to order at 7:00 p.m.
II. Approval of Agenda.
Copies of the agenda had been distributed by mail. The Town
Administrator requested removal of two items, consulting with the Town
Attorney in Closed Session and request from the Chamber of Commerce for
a Highlands Auto Festival, and addition of one item, request for use of
public street for construction activities. It was agreed that the
latter item would be considered as the first item of Old Business.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DOTSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE AGENDA AS AMENDED.
III. Approval of Minutes.
Copies of the minutes of the January 16 Public Hearing and Regular
Board Meeting had been distributed by mail.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
IV. Public Comment Period.
The Mayor stated that this was the public comment period required by
law.
Commissioner Larry Rogers said that he appreciated all of those
attending the meeting and wished more citizens would come out.
V. Reports.
1. The Mayor reported that a tentative date of March
18 had been set for a joint meeting with the County
Commissioners. Comms. Patterson and Dotson were scheduled to
attend the next Commissioners meeting on February 11. Because two
Commissioners would be out of Town and there was nothing on the agenda,
the Mayor also suggested cancelling the regularly-scheduled February 20
meeting; the Board agreed by consensus.
2. Comm. Ross reported that the Land Use Committee
had met on January 23 and discussed procedures in the Planning
Department and a possible joint meeting with the Planning Board; the
Mayor agreed that a joint meeting would be a good idea. The Board
agreed to discuss a joint meeting at the February 27 Special Board
meeting already scheduled. Comm. Ross also reported on the
Occupancy Tax Task Force, which had recommended to the County Board
that the entities handling the tax enter into contracts with the County
and develop a Tourism Development Commission. The TDC will
present a work plan, budget, and audit annually, but unlike a Tourism
Development Authority funds will be kept on a local level. He
also reported that the County had issued the remaining funds for the
Pine Street Park project, amounting to $200,000. He thanked the
Town for its initial $300,000 donation, the Land Trust which had
committed at least $50,000, many citizens in Town who had donated
$325,000, and Mark Meadows.
Comm. DeWolf reported that the Recreation Committee would meet at 5:00
p.m. on Tuesday, February 12, at the Recreation Park.
3. Each Board member had received copies of the Town
Engineer/
Public Service Administrator's report for the month. Lamar Nix
was present and reported that the Lake Sequoyah Dam inspection had gone
well; the necessary repairs had already been scheduled. Fencing
of the water tanks required by DENR had also been approved, and silt
had been removed from the lower raw water intake by Mountain
Environmental.
He also reported that Doug Helms had requested permission to extend the
Town sewer along the north side of Chestnut Street from Fifth Street to
his property line, a distance of approximately 200 feet and one
manhole; he would be paying the entire cost and thus the extension
conformed to policy.
MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE REQUEST.
4. Each Board member had received a copy of the
Police Chief's report for the month; Chief Bill Harrell had not been
able to attend due to illness.
5. Each Board member had received a copy of the
Recreation Director's written report for the month; Selwyn Chalker was
present to review the report. He said that the fitness equipment
had been ordered and the carpet was scheduled to be put down. He
also said that he had received three informal bids on painting the
fitness rooms and stairwell, the lowest was $5,500. He also
requested permission to employ Anna Getchell at the front desk on a
part-time basis on weekends; the Board approved by consensus.
6. Each Board member had received a copy of the Town
Planner/ Zoning Administrator's written report for the month; Joe
Cooley and Josh Ward were present. Mr. Cooley said that the
Planning Board had expressed a need for better communication with the
Board; he would be continuing to attach minutes of their meetings to
the monthly report. They had also expressed an interest in
sitting in on Land Use Committee meetings, were interested in a joint
meeting, and hoped Commissioners would sit in on their meetings.
He had prepared a memo for them on the restaurant parking issue for
review, and had been asked to draft two ordinances regulating on-street
and dual use parking credits; the ordinances would be discussed at a
Special Meeting on February 11. They had also recommended that a
Parking Study be conducted; the last one had been conducted 20 years
ago.
7. Each Board member had received a copy of the
Treasurer's Report for the month.
MOVED BY COMM. ROSS, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED
TO ACCEPT THE TREASURER'S REPORT.
8. The Town Administrator reported that he and the
Town Engineer had met on January 25 with County Manager Jack Horton and
County Solid Waste Director Chris Stahl to discuss the Solid Waste
Transfer Station off Rich Gap Road. The County officials had
outlined an agreement calling for the County to construct, own, and
operate the facility, with the Town donating $475,000 toward the
cost. A transfer fee of $8.75/ton would be added to the current
$58/ton landfill tipping fee for the first year. Copies had been
included in the agenda package, and e-mailed to each Commissioner the
previous week, of a proposed agreement drafted by the County
Attorney. He said the County would like approval in concept so
that they could proceed with funding.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO APPROVE THE AGREEMENT IN CONCEPT.
The Town Administrator also reported that he, the Town Engineer, the
Planning Director, and the Code Enforcement Official had met with
engineers from McGill & Associates and reviewed a draft prepared by
McGill of a Stormwater Ordinance. Staff would be reviewing the
document.
Each Board member had also received a copy of an invitation from the
Chamber of Commerce to its annual retreat on the afternoon of March 19
at the Community Building.
The Town Administrator also asked for authorization to sell three
surplus vehicles: a 1994 Ford F-250 service truck and a 1997
Tennant 800 street sweeper, recently replaced by new vehicles, and the
Recreation Department's 1992 Ford Club van; he said that the
15-passenger van had been identified as a problem vehicle by Risk
Management and was seldom used anymore.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO SELL THE FOREGOING VEHICLES TO THE HIGH BIDDER.
The Town Administrator also distributed copies of a report he had
prepared on the status of Land Use Plan Priorities that the Planning
Board had been working on, and a memorandum on a new program of
changing out water meters to Automatic Meter Reading devices.
VI. Old Business.
1. Terry Davis was present from McCarroll
Construction with a request to close portions of Church Street and
Fifth Street for the demolition and construction of a Faith and
Fellowship Hall for First Presbyterian Church. Comms. DeWolf and
Ross both disclosed that they were involved in the design of the
project. Mr. Davis submitted a plan showing staging areas and a
construction trailer in the parking areas on the two streets, and said
that a chain link construction fence would also be erected; it was
expected that workers would park within these areas or on Pine
Street. The street would not be closed except when a crane was
being placed in position, and the request was for 12 months.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO APPROVE USE OF TOWN STREETS FOR CONSTRUCTION ACTIVITIES, PER
THE PLAN SUBMITTED, FROM FEBRUARY 6, 2008 THROUGH FEBRUARY 6, 2009.
2. David Wilkes was present to discuss the property
north of Maple Street owned by the Town of Highlands, which he thought
would be large enough to contain a new ABC store and parking lot.
He proposed the same idea as the current ABC store: that they
construct the building, give it to the Town, and lease it back over 30
years; he requested general approval to proceed. Comm. Ross asked
about access to the old Sewer Plant, and also the Greenway Trail; he
wondered what impact it would have on recreation land and thought the
Board should think about it before spending time and money on the
project. Comm. DeWolf agreed; he said he would like to know in
the early stages if access could be maintained. Comm. Patterson
said the Board would like to see the property depicted on paper.
The Town Engineer said that the Sewer Plant needed to be accessed
often, but he thought a road could be constructed from Oak Lane.
Mr. Wilkes offered to obtain a survey of the property.
3. The Board then considered several amendments to
the Zoning and Subdivision Ordinances recommended by the Planning
Board, subject of a December 5 public hearing, as follows:
Subdivision Ordinance Road Standards
The proposed amendments permitted 18% grade for subdivision roads
provided they were paved, permitted 12-foot one-way loop roads, and
permitted 12-foot roads serving subdivisons of five lots or less no
longer than 300 feet. The Board discussed the proposals at
length; Comm. Patterson reiterated concerns expressed at previous
meetings about safety and the possibility of re-subdividing lots.
After considerable discussion the Board agreed by consensus to send the
amendments back to the Planning Board.
Extension of Prohibition of "Big Boxes"
The Mayor wondered why this amendment was needed. The Town
Administrator agreed; he said that he had recommended against its
adoption while he had been Interim Town Planner because it was
ambiguous and it created several non-conforming buildings. The
Planning Director agreed that 15,000 SF was much smaller than most "Big
Boxes."
MOVED BY COMM. ROGERS, SECONDED BY COMM. ROSS, AND CARRIED, NOT TO
ADOPT THE AMENDMENT. Comms. Rogers, Ross, and Dotson voted "aye,"
and Comms. Patterson and DeWolf voted "nay."
Setbacks on Town Hall Property
A proposed amendment had been sent to the Planning Board waiving
setbacks on the Town Hall property, prompted by the conceptual plans
for the new Town Hall; the recommendation was to waive it only on
Fourth Street. Comm. DeWolf said he had a concern with that; he
felt setbacks should also be waived on Oak Street, pointing out that
the property was similar to B-1 property.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO ADOPT THE FOLLOWING AMENDMENT OF THE ZONING ORDINANCE:
Replace paragraph 208.6, Setbacks, with the following:
"No building within the GI Governmental/Institutional District may be
erected within twenty-five feet of the right-of-way line of any public
or private road, nor within ten feet of the property line of an
adjoining ownership, except that on the site of the Town Hall property,
circumscribed by Oak Street, Maple Street, and Fourth Street, there
shall be no setback from Fourth Street or Oak Street; if no
right-of-way line is defined among the public records of Macon County,
North Carolina, no building may be erected within fifty-five feet of
the road centerline of a North Carolina or U. S. primary route, nor
within forty feet of the road centerline of any other public or private
road."
Outdoor Display of Merchandise
An amendment permitting outdoor display of merchandise had been
recommended by the Planning Board, and the Board discussed it at some
length. Comm. Patterson reiterated earlier concerns over the
appearance of the downtown area; Comm. Rogers said he felt property
owners paid high taxes for Main Street property and should be permitted
to display merchandise provided it did not obstruct sidewalks.
Comm. Ross thought the Planning Director's comments on the issue in a
written report were pertinent; he would like to see some display, but
limit it to a maximum area.
MOVED BY COMM. ROGERS, TO ADOPT THE AMENDMENT AS RECOMMENDED.
There was no second to the motion.
Comm. Dotson felt that the current requirement should be re-affirmed,
but with a specific list of exceptions rather than the ambiguous
language in the Ordinance. Alan Marsh was present and said he
agreed with this idea.
MOVED BY COMM. DOTSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO ADOPT THE FOLLOWING AMENDMENT OF THE ZONING ORDINANCE:
Replace Section 114 with the following:
"It shall be unlawful for any commercial business to display goods,
wares, or merchandise outside the building in which said business is
conducted. The following are exempted: produce, firewood,
fertilizers, and garden plants. Such merchandise shall in no way
obstruct a public walkway required by the North Carolina State Building
Code."
Perennial Streams
The Planning Director recommended that this amendment be tabled because
of action being currently undertaken by the North Carolina Department
of Environment and Natural Resources.
MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO TABLE THIS PROPOSED AMENDMENT.
Landscape Requirements
The proposed amendment had been drafted by UNC's Carolina Environment
Program intern Brian Levo and was intended to consolidate contradictory
landscaping requirements in the Ordinance.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO ADOPT THE FOLLOWING AMENDMENT OF THE ZONING ORDINANCE:
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a. Replace Section 205.3(G)(5) and Section
206.3(G)(5) with the following:
"All such storage yards which adjoin or are visible from a public road
shall be screened from view by appropriate fencing or landscaping in
accordance with Appendix D of this Ordinance."
b. Replace last sentence of second paragraph of
Section 207.10 with the following:
"To protect and preserve the natural environment and beauty of the Town
of Highlands, any new landscaping is encouraged to consider the list of
recommended locally adapted and native species identified in Appendix D
of this Ordinance."
c. Replace 702.2(A)(6), including its sub-paragraphs,
with the following:
"To protect and preserve the natural environment and beauty of the Town
of Highlands, any landscaping plan is encouraged to conform to the list
of recommended locally adapted and native species in Appendix D of this
Ordinance."
d. Add the following paragraphs to Appendix D:
"E. List of Approved Materials.
"(a) Large or
medium hardwood canopy trees: Red Maple, Sugar Maple, Striped
Maple, Yellow Birch, Sweet Birch, American Beech, Tulip Poplar,
Sourwood, Sassafras, Shingle Oak, Chestnut Oak, Scarlet Oak, Northern
Red Oak, White Oak, Black Gum, Black Locust, Black Walnut, Frasier
Magnolia, Cucumber, Magnolia, White Ash, Black Cherry, American
Chestnut, Chinquapin, Pignut Hickory, Mockernut Hickory, Red Hickory,
American Basswood, and White Basswood.
"(b) Large or
medium evergreen canopy trees: White Pine, Pitch Pine, Table
Mountain Pine, Virginia Pine, Balsam Fir, Red Spruce, Eastern Hemlock,
and Carolina Hemlock.
"(c) Small
flowering understory trees: Downy Serviceberry, American Holly,
Mountain Holly, American Hornbeam, Carolina Silverbell, Flowering
Dogwood, Alternateleaf Dogwood, Silky Dogwood, Pagoda Dogwood,
Fringe-Tree, Yellowleaf Hawthorn, Fanleaf Hawthorn, Dotted Hawthorn,
Dwarf Hawthorn, American Mountain Ash, Persimmon, Eastern Red Cedar,
Mountain Sweet Pepper Bush, Yellow Buckeye, Southern Crabapple, and
Sweet Crabapple.
"(d)
Shrubs: Bristly Locust, Clammy Locust, Witch-Hazel, Smooth
Sumac, Nine Bark, Lowbush blueberry, Highbush blueberry, Mountain
Myrtle, Bushy St. Johnsworth, Shrubby St. Johnswort, Eastern
Sweetshrub, Smooth Azalea, Flame Azalea, Pinkshell Azalea, Pinxter
Azalea, Catawba Rosebay Rhododendron (Maximum and Minus), Carolina
Laurel, Mountain Laurel, Mapleleaf Viburnum, Southern Arrowwood,
Possumhaw, Wild Hydrangea, Oakleaf Hydrangea, and Silverleaf Hydrangea.
"F. List of Disallowed Materials.
"(a)
Trees: Tree-of-Heaven, Silk Tree), Princess Tree,
Chinaberry Tree, Tallow Tree, Norway Maple, Paper Mulberry, White
Mulberry, White Poplar, and Russian Olive.
"(b)
Shrubs: Silverthorn, Autumn Olive, Winged Burning Bush,
Chinese Privet, Japanese Privet, Amur honeysuckle, Morrow's
honeysuckle, Tatarian honeysuckle, Sweet-breath-of-spring, Bell's
honeysuckle, Sacred Bamboo, Multiflora Rose, Macartney Rose, Cherokee
Rose, Japanese Barberry, Japanese Knotweed, and Wineberry.
"(c)
Vines: Oriental Bittersweet, Climbing Yams, Winter Creeper,
English Ivy, Japanese Honeysuckle, Kudzu, Common Periwinkle, Bigleaf
Periwinkle, Chinese Wisteria, Japanese Wisteria, Mile-a-minute, and
Porcelain Berry,
"(d)
Grasses: Giant Reed, Tall Fescue, Red Fescue, Cogongrass,
Nepalese Browntop, Chinese Silvergrass, and Golden bamboo."
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Greenways Amendments
The amendments had been recommended by the Greenways Committee and had
been worked on by Brian Levo, the Town Attorney and the Planning
Director.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO ADOPT THE FOLLOWING AMENDMENTS OF THE ZONING ORDINANCE:
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a. Re-number Section 709II, Paragraph (D), No.
(1). Add the following:
"(2) A petition for
reclassification of property to a conditional zoning district pursuant
to this section, where such property is located partially or entirely
within the Highlands Greenway, as shown on the "Town of Highlands
Greenway Plan Map," shall not be granted without the dedication to the
Town of Highlands of a recreation easement for a strip of property for
said Greenway ranging between twenty-five (25) and fifty (50) feet in
width, as determined to be necessary by the Town in its sole
discretion, to promote the purposes of the Greenway project. Upon
the effective date of a resolution of the Board of Commissioners that
an easement dedicated to the Town of Highlands is no longer required
for the Highlands Greenway, the easement shall terminate and the Town
shall, upon request of the owner, and at the owner's expense, file in
the Register of Deeds for Macon County an instrument providing for such
termination as a matter of public record."
b. Add the following to Sections 201.4, 202.5, 203.5,
204.5, 205.5, 206.5, 207.5, 213.5(C), and 214.5(B):
". . . except that when an easement on the property is dedicated to the
Town of Highlands for the Highlands Greenway, the minimum lot size may
be reduced by the amount of land granted within the easement.:
c. Add the following to Sections 209.3, 209A.3,
210.3, and 211.3:
". . . or when a portion of the property is dedicated to the Town of
Highlands for the Highlands Greenway, in which case the lot size may be
reduced by an amount equal to the area dedicated to the Town of
Highlands on that lot."
d. Add the following paragraph to Sections 201.6,
202.6, 203.6, 205.6, 206.6, 207.6, 208.6, 213.6, 214.6, and 214.6:
"Where an easement has been granted to the Town of Highlands for the
purpose of extending the Highlands Greenway, the Greenway easement or
the portion of the lot dedicated as a part of the Greenway shall not
affect required setbacks from property lines, provided, however, that
if the easement is terminated under Section 709II, Paragraph (D)(2),
the setback requirements shall again apply except as to improvements
completed or substantially completed prior to such termination."
e. Delete paragraph 209.6(B), 209A.6(B), 210.6(B),
and 211.6(B), and add the following paragraph (C) to said sections:
"(C) No new development is allowed in the buffer
except for water dependent structures, as defined by this Ordinance,
and public projects such as road crossings and greenways where no
practical alternative exists. These activities should minimize
built-upon surface area, direct runoff away from the surface waters and
maximize the utilization of stormwater Best Management Practices.
Trails and paths constructed within the Highlands Greenway, as shown on
the Town of Highlands Greenway Plan Map, shall be provided with a
minimum twenty (20) foot vegetative buffer between the perennial stream
and the nearest edge of the Greenway. Such buffers shall be
composed of any of the recommended locally adapted and native species
identified in Appendix D of this Ordinance. Surfaces of trails
and paths may be a maximum of ten (10) feet in width, and may consist
of asphalt or any other impermeable or permeable surfaces. These
trails and paths must possess a cross slope of two percent (2%)
directed away from the perennial waterways to which they are
adjacent. In addition, to insure proper stormwater runoff, catch
basins with drains and underground culverts may be required."
f. Add the following definition to Article 1000:
"Greenway or Highlands Greenway. An area for pedestrian use
dedicated by easement to the Town of Highlands or dedicated by
conservation easement to promote the purposes of the Highlands
Greenway. Said map is adopted simultaneously herewith, may be
amended from time to time in accordance with Section 706 of this
Ordinance, and shall be permanently kept on file in the office of the
Town Clerk."
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3. Copies of a proposed Pole Attachment Ordinance,
replacing the existing Ordinance, had been prepared by the Town
Attorney and Ed Sullivan of McGavran Engineering, and had been included
in the agenda package; it also incorporated recommendations of Town
staff, and had been approved by the Town Attorney.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO APPROVE THE AMENDMENT OF THE POLE ATTACHMENT ORDINANCE, AS
FOLLOWS:
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AN ORDINANCE REGULATING THE ATTACHMENT OF CABLES, WIRES, AND APPARATUS
TO THE POLES OF THE TOWN OF HIGHLANDS
Adopted February 6, 2008
1. The Town of Highlands finds that it would be in its best interest to
regulate the use of its utility poles by entities providing cable
television, telephone, or similar services within the Town. The purpose
of this Ordinance is to provide for the safe and orderly use of its
poles.
2. This Ordinance shall be known and may be cited as "The Pole
Attachment Ordinance of the Town of Highlands, State of North Carolina".
3. Definitions.
(a) "Pole" shall mean any utility pole within the
corporate limits of the Town of Highlands and owned by the Town of
Highlands.
(b) "Pole Attachment" or "Attachment" shall mean a
physical connection, by any means, of a cable, wire, or other medium or
facility by which communications signals of any kind are transmitted by
a Licensee in the normal
course of its operations.
(c) "Facilities" shall mean the cables, apparatus,
equipment, material, instruments, and devices appurtenant to or
associated with a Licensee's business and being an "attachment".
(d) "Person" shall mean any natural person,
partnership, corporation, association, joint venture, or organization
of any kind that uses the Town's poles. This term shall include
all successors, transferees, and assignees of such entities.
(e) "Licensee" shall mean any person who is required
by the terms of this Ordinance to have a permit as required by this
Ordinance.
(f) "Transferring" shall mean the removing of any
attachment from one pole and placing it upon another pole.
(g) "Rearranging" shall mean the moving of
attachments from one position on a pole to another position on the same
pole.
(h) "Change in Character of a Circuit" shall mean
any reconfiguration of the pole or pole-mounted appurtenances in order
to accommodate joint use of the pole, e.g. an increase in vertical
clearance.
(i) "Town" shall mean the Town of Highlands, North
Carolina.
(j) "Rules" shall mean:
i. the
National Electrical Safety Code (NESC);
ii. the
Occupational Safety and Health Act (OSHA);
iii. the Rural
Utility Service (RUS)/Rural Electrification Administration (REA);
iv. County ordinances;
v. State
statutes, codes and regulations;
vi. Good utility
practice;
vii. This Ordinance; and
viii. All other applicable Town
ordinances.
4. Permit required. No person shall make or maintain any
attachment to a pole owned by the Town, nor modify or change any
existing attachment, change any pole loading, or over lash any existing
attachments on any pole, without first requesting and obtaining from
the Town a written permit authorizing such work, pursuant to this
Ordinance, including the payment of all amounts due hereunder.
5. Authorization required. No permit shall be issued except to
applicants who are duly authorized to erect and maintain facilities
within public streets, highways and other thoroughfares of the Town,
who have secured or shall secure, prior to submitting any application
for pole attachments hereunder, all necessary consents, franchises or
other authorizations from Federal, State, or Municipal authorities and
from the owners of property on which the Town's poles are located, to
construct and maintain facilities at the poles that are the subject of
the application. If a Licensee has no such authority or fails to
provide same to the Town upon request, then no permit will be granted
and any such permit that may have been granted shall be revoked at the
Town's option. Should a Licensee lose such authority after
issuance of a permit, the permit shall be revoked.
6. Effect of Permit. The holding of a permit by a Licensee
shall constitute for all purposes the Licensee's agreement to abide by
each and every provision of this Ordinance.
7. Permit Fee. The amount of the fee to be paid for an initial
permit shall be based upon the total number of attachments the Licensee
has. Attachments that are more than 12" apart shall be counted
separately.
8. Pole attachment fees. Licensees shall pay to the Town a pole
attachment fee as set forth in the Town of Highlands Fee Schedule
maintained in the Town Office by the Town Clerk. On or about
December 1st of each year, the Town and the Licensees shall tabulate
the total number of attachments as of that day. This tabulation
shall determine the number of attachments on which advance pole
attachment fees are to be paid for the year commencing January 1. The
first year of payment for a Licensee shall not be pro-rated and shall
be paid with Licensee's application for a permit, but such payment
shall relate back to January 1 of the year of application.
9. No Warranty of Easements by Town. The Town does not and shall
not warrant or assure to any Licensee any right-of-way privilege or
easements on or across property not owned by the Town. Licensees shall
at all times be responsible for obtaining such easements and
rights-of-way. If a Licensee shall at any time be
prevented from placing or maintaining its facilities on the Town's
poles, no liability shall attach to the Town.
10. Procedure for Obtaining Permit. The following procedure shall
be followed in the obtaining of permits for pole attachments:
(a) The applicant shall submit an application to the
Town Administrator on the Town's form for this purpose and shall submit
the appropriate fee.
(b) The fee for the application shall be based upon
the number of poles the applicant proposes to use. The amount for
each pole shall be set forth on the Town's current schedule of fees.
(c) Included with the application shall be the
following:
1. A cover letter, addressed to
the Town's Administrator at the address shown on the Town's web
site. The cover letter shall include a brief description of the
project and the planned start and completion dates.
2. A marked up route map/strand
map, which shall be entitled, "Location of the Licensee Service Area,"
stating the corporate name of Licensee, and showing, outlined in red,
the proposed service area of the Licensee. This map shall be no
larger than 30" x 30", shall be properly folded to the size of 8-1/2" x
11" for inclusion with the application and stapled to the application
in the upper left corner. The Licensee shall submit the location
of the attachments based upon the Town's pole numbering system.
The map will include:
a. the
proposed route including tap lines to which the attachments are to be
made. Points of measurement shall be indicated by means of a
leader (arrow).
b. pole height
and class (based upon its birth mark or other available information)
for each pole.
c. ambient
temperature at time of measurements.
d. attachment
height of equipment or devices on the pole from the pole ground line.
e. height to
the neutral wire or lowest CATV or telephone cable on the pole
f. proposed
attachment height
g. neutral
wire and cable or telephone height at mid-span, with verification of
compliance with requirements for cable separation at mid-span, driveway
crossings, road crossings, and any other crossings.
3. Manufacturer's specifications
for messenger wire or strand.
4. Manufacturer's specifications
for coaxial cable.
5. Manufacturer's specifications
for fiber optic cable.
6. Manufacturer's specifications
for bolted attachments and other hardware.
7. Construction drawings.
8. Guy and anchor assembly types,
ratings, drawings and installation specifications.
9. The name, title, mailing
address, e-mail address, office phone, cell phone, and fax number of
Licensee's Project Manager. This information shall be updated at
least annually.
10. The name, title, mailing
address, e-mail address, office phone, cell phone, and fax number of
Licensee's Billing department and pertinent project descriptions or
account identification numbers necessary for Licensee's internal
recognition of the Town's invoices. This information shall be updated
at least annually.
11. Check for permit fee.
12. Proposed pole attachment data
sheet.
13. Proposed pole attachment
design criteria.
14. A completed Notification of
Removal form (as supplied by the Town) in such cases as it is
appropriate.
15. A certificate of insurance
showing that the Licensee has insurance coverage as required by this
Ordinance.
(d) The Town will evaluate the marked up map and
data sheets and subsequently meet with Licensee's representative for a
field review to identify such "make ready" improvements (required by
the Town, the Department of Transportation, or any other controlling
authority) as may be identified without a "make-ready" survey.
(e) At the discretion of the Town, a "make-ready"
survey may be required by the Town to determine whether the existing
poles are adequate to receive Licensee's proposed attachments and
facilities and what rearranging or other action may be necessary to
make the poles ready. The Town reserves the right to make such
survey with its own staff, to enter into contracts with other entities
to make such survey, or to require the Licensee to make such
survey. In any case, a written report, including an
estimate of construction costs, shall be produced, and Licensee shall
pay all costs related to the survey and the report. If, after
receiving the written report and estimate, a Licensee does not want to
proceed with its application, the Licensee will immediately reimburse
the Town for the costs of the preliminary surveying engineering and
other expenses incurred by the Town.
(f) Licensee shall be solely responsible for the
design and cost of construction of any attachments or new
construction. Design shall be sealed by a N. C. Professional
Engineer, who shall also be in control of contract, if any, and
construction. All design shall be pursuant to REA specifications.
11. Aesthetic requirements. The Town has the right to refuse
attachment by a Licensee if, in the opinion of the Town, the attachment
will render said poles unsightly in appearance.
12. Technical Requirements. In addition to the requirements of
the Rules, as defined above, the following further technical
requirements shall apply to all Licensees:
(a) No tag, brand, or other device showing
Licensee's name or insignia shall be placed on, or attached to, any
pole of Town, except such tag or insignia which shows Licensee to be
only a licensee with respect to such pole (and not the owner thereof),
provided however, that no tag, brand, or other device shall be placed
upon any pole without the written consent of the Town.
(b) All existing attachments and facilities shall be
consistent with NESC standards. Whenever a new pole is required,
attachments and facilities shall be placed no less than fifty-two
inches from all power lines.
(c) Any unbalanced loading of the Town's poles
caused by the placement of Licensee's attachments and facilities shall
be properly guyed and anchored by Licensee, at no expense to the
Town. In no case shall Licensee's guys be attached to the Town's
anchors.
(d) All attachments shall be located on the same
side of each pole as any existing attachments or secondary conductors,
unless, in the opinion of the Town, another arrangement is more
appropriate and will not endanger the lives and safety of the public,
the Licensee, or the agents or employees of the Town.
(e) Service connections of drops to Licensee's
customers shall be installed and maintained so as to provide at least a
40 inch climbing space directly over any service connections or drops.
(f) Licensee shall cause all cabinets, enclosures,
and messengers to be grounded by bonding to the existing pole ground
with #6 solid, bare, soft drawn copper wire.
(g) The Town reserves the right to require power
supplies, amplifiers, meters or other equipment to be installed on
auxiliary poles. Otherwise, they may be attached directly to the
Town's poles.
(h) No bolt used by the Licensee to attach its
facilities shall extend or project more than one inch beyond its nut.
(i) All attachments or facilities of the Licensee
shall have at least two inches clearance from unbonded hardware.
(j) In no case shall a utility pole owned by the
Town be drilled less than 3" between pole holes.
(k) Cable television circuits should be placed above
telephone communication facilities. It is the responsibility of
the cable television utility to negotiate with the appropriate
telephone utility for specialized placements.
(l) All cable clearances shall conform to the
dimensions specified by Section 3, paragraph (j), or as specified by
the town in these rules. No service connection shall be made or
installed by the Town until after Licensee shall have completed
installation of an approved fused service disconnect switch or circuit
breaker.
(m) All licensees shall install and maintain any and
all of their facilities in a neat and workmanlike manner consistent
with the maintenance of the overall appearance of the pole, and all
subject to approval of the Town.
(n) All down guys, head guys or messenger dead ends
installed by the Licensee shall be attached to the poles by the use of
through bolts. Such bolts placed in a "bucking" position shall
have at least four inches vertical clearance. Under no
circumstances shall the Licensee install down guys, head guys or
messenger dead ends by means of encircling the poles with such
attachments. All guys and anchors shall be installed prior to
installation of any messenger wire or cables.
(o) Adjustments to the Town's existing pole line to
make it ready to receive the additional attachments shall be done based
on the construction staking sheets and reports developed with the
make-ready survey.
13. Safety requirements. All attachments and facilities shall be
placed and maintained in accordance with the Rules, as defined above.
The most current revision of the Rules shall apply to all attachments
and facilities. A revision to the Rules shall not require a
modification to attachments or facilities in place on the effective
date of such revision, unless the revision so requires, in which event
Licensees shall comply with the Rules as revised. All new
construction shall comply with the Rules in effect at the time of such
construction. Should a Licensee fail to implement a safety upgrade or
other modification required by revised Rules, the Town may elect to
complete the safety upgrades and the Licensee shall reimburse the Town
for the cost of such completion.
14. No Interference with Prior Use. A new Licensee's attachments
and facilities will not interfere with or damage existing attachments
or facilities of poles by the Town, other utility companies, or other
Licensees. Licensees will, on demand, reimburse such other users
for any expenses incurred by the other users in transferring or
rearranging their pre-existing facilities because of such interference,
provided, however, that if pre-existing facilities of other users were
in violation of the Rules in effect at the time, the new Licensee shall
only be responsible for costs in excess of the costs incurred by the
other users to correct their violations. Additionally, any Licensee
causing damage to the attachments or facilities of such other users
shall be responsible for the actual cost of repair.
15. Certification of Compliance by Engineer Before Issuance of
Permit. Prior to the issuance of a permit, Licensee's engineer or
field personnel shall certify in writing that all attachments and
facilities have been inspected and conform to the Rules. If, in
the reasonable judgment of the Town, exercised in a non-discriminatory
manner as to all pre-existing Licensees and the Licensee-applicant, the
proposed additional attachments would result in an unsafe condition
under the Rules or be physically impossible, the Town shall have the
right to reject the application.
16. Maintenance of Attachments. After installation of attachments
and facilities, Licensees shall, at no expense to the Town, maintain
all their attachments and facilities in compliance with the Rules.
17. Engineer's Certificate of Compliance and Effect of
Non-Compliance. At any time, the Town may demand, and a Licensee
shall provide, a written statement from a registered professional
engineer that the Licensee's facilities, including protection devices,
attachments and other installations, as built, are fully in compliance
with the Rules. This certification shall be based upon the
engineer's personal inspection and shall be delivered to the Town
within 30 days after demand. In the event the engineer reports
non-compliance with the Rules, Licensee shall cause such non-compliance
to be corrected within 30 days of the date the offending Licensee
receives notice of the report. After 30 days from the date of notice,
any non-conforming attachment will be assessed a fine of $100.00 per
day per attachment. In addition, after 30 days of non-compliance
from such notice, the Town shall revoke the Licensee's permit and may
remove the attachments.
18. Licensee Costs for New Attachments. Each Licensee shall pay
the Town, or reimburse the Town, as the case may be, for the following
costs, to the extent made necessary for Licensee's new attachments:
changing out primary poles, secondary poles, and lift poles, including
the cost of installation and/or removal of guys, anchors, stub poles,
temporary construction, tree trimming, right of way clearing, materials
(less salvage), labor, engineering (including, without limitation,
design, proper conductor spacing and bonding, and calculations to
determine proper ground clearances and pole and down guy strength
requirements for horizontal and transverse loading), supervision,
overheads and all other construction items reasonably required under
the Rules. All re-sagging costs shall be borne by the Licensees, except
in cases where the primary conductors of the Town are not sagged in
accordance with the Rules, in which case the Town will re-sag the
primary conductors at its own cost.
19. Town's Right of Inspections and Audits. The Town reserves the
right to inspect every installation, attachment, and facility of any
Licensee at any time. Licensees shall allow such inspections as
the Town deems appropriate upon reasonable notice from the Town. The
Town reserves the right, in its sole discretion, to perform a
system-wide audit every five years. The Town may also conduct, subject
to mutual approval by all Licensees on the system, more frequent
audits, either system-wide or area-specific, at any time attachment
count or code compliance issues so warrant. The cost of the audit shall
be paid by the Licensees in proportion to the number of attachments
they have. This inventory may be conducted either by the Town or
independent contractors of the Town, in its sole discretion.
20. Licensee Costs for Replacement of Damaged or Deteriorated
Poles. In the event a pole becomes unusable because of
normal aging or deterioration, or damage from actions of members of the
public or weather-related events, or any other event not related to
activities of a Licensee, the Town may replace the pole but has no
obligation to replace it. In the event the Town chooses to
replace the pole, the costs of replacement of the pole shall be paid by
the Town, but the costs of transferring their respective facilities
shall be paid by the Licensees. In the event a pole is damaged
under the circumstances set forth in this section, Licensees shall not
be entitled to a refund of attachment fees.
21. Relocation of Poles by Town. Whenever right-of-way
considerations make relocation of a pole necessary, such relocation
shall be made by the Town at its own expense, except each Licensee
shall pay the cost of transferring its own attachments. The Town
shall be the sole judge in determining whether to abandon and remove an
existing line or pole. Before making such replacement or
relocation, the Town shall give notice in writing (except in case of
emergency, when verbal notice will be given and subsequently confirmed
in writing) to all Licensees attached to the pole, specifying in such
notice the date and time of such proposed replacement or
relocation. All Licensees shall, at the date and time so
specified, transfer their attachments to the new or relocated pole, or
Licensees shall place their facilities underground if the pole line is
to be abandoned and removed by the Town. After 30
days from the date of written notice, any non-transferred attachment
will be assessed $100 per day per attachment. Additionally, after 30
days from such notice, the Town may remove the attachments.
22. Abandonment by Licensee. Licensees may at any time abandon
the use of a pole by giving the Town due notice in writing, and
removing from their attachments and facilities. Licensee shall
have no right to a pro-rata refund of any amounts already paid to the
Town under this Ordinance.
23. Abandonment by Town. The Town reserves to itself and its
successors and assigns the right to abandon any pole or poles for any
reason in its discretion. All Licensees on all poles to be abandoned
shall be given 30 days notice of each proposed abandonment.
Licensees who fail to remove their facilities within such time shall
pay a fine of one hundred dollars ($100) per day for each day after
said sixty days. Additionally, the Town may remove the attachments.
24. Removal of Facilities and Payment of Costs of Removal.
Wherever in this Ordinance the Town is given the right to remove
facilities of a Licensee, this provision shall apply. The Town
may dispose of the facilities in any manner it chooses. The
expense of such removal and disposal shall be paid by the Licensee. The
Town shall have no liability of any kind for such removal or disposal,
and Licensees will indemnify the Town for any claims under the general
indemnification provision herein.
25. Use of Poles by Town. In the event it is necessary for the
Town, for the provision of electric service, to use space on poles
permitted for use by a Licensee, the Licensee shall, upon receipt of 30
days written notice, either vacate the space by the removal or
rearranging of its facilities.
26. Costs of Changes Paid by Licensees. In any case where
facilities of the Town are required to be rearranged, transferred, or
the characteristics of the circuits on the poles of the Town need to be
changed to accommodate the attachments of Licensee, Licensee shall pay
to the Town the actual costs incurred by the Town for such work.
The Licensee shall also reimburse other users of the poles for their
costs of rearrangement to provide space or clearance for the facilities
of Licensee.
27. Change in Number of Attachments. In the event the Licensee
desires to request a change in the number of attachments, it shall do
so by submitting to the Town the standard form suitable for that
purpose.
28. Ownership of Poles. The Town's poles shall remain the
property of the Town, and any payments made by the Licensee, for
changes in pole lines or otherwise, shall not entitle any Licensee to
ownership of any poles. No use, however extended, of the Town's poles,
shall create or vest in any Licensee any ownership or property rights
in said poles, but Licensees' rights therein shall be and remain a mere
license. Nothing herein contained shall be construed to compel the Town
to maintain any of said poles for a period longer than demanded by its
own service requirements.
29. Electrical Service. In the event that Licensee requires a
source of electrical energy for power supply to its system, such energy
will be supplied by the Town in accordance with the provisions of its
standard service extension policies and approved rates and
tariffs. This charge will not be offset or reduced in any way by
payment of pole attachment fees.
30. Necessary Action. Notwithstanding any other provide of this
Ordinance, in cases of emergency, the Town may take such action
concerning any attachments or facilities of any Licensees as the Town
in its discretion deems necessary, including relocating, replacing, or
renewing facilities, transferring facilities, substituting poles, or
other work. Affected Licensees shall, on demand, reimburse the
Town for the expense thereby incurred.
31. Town not liable for service interruptions. The Town reserves
to itself, its successors and assigns, the right to maintain, replace
and enlarge its electric facilities and to operate the same from time
to time in such a manner as will best enable it, in its sole judgment,
to meet the needs of its customers and fulfill its own service
requirements. The Town shall not be liable to any Licensee or any
customer of a Licensee for any interruption to service of any Licensee
or for interference with the operation of the cables, wires, and
apparatus of a Licensee arising in any manner out of the use of the
Town's poles hereunder, or arising in any manner out of the condition
or character of the Town's facilities or the manner of the operation
thereof.
32. Requirement of Insurance. All Licensees must maintain,
throughout the time during which it has attachments or facilities on
the Town's poles, public liability insurance covering the ownership
liability and all operations of the Licensee, with the Town named as an
additional insured, with limits for bodily injury or death of not less
than $5 million each occurrence and $5 million aggregate per policy
period and with limits for property damage of not less than $5 million
per occurrence and $5 million aggregate for the policy period.
This required insurance may be in a policy or policies of insurance
primary and excess including the umbrella or catastrophe form.
Licensees shall furnish updated certificates of insurance to the Town
on an annual basis, and at the time of payment of attachment fees.
33. Hold harmless provision. Licensees shall indemnify, protect,
defend, save harmless and insure the Town from and against any and all
claims, actions, judgments, loss, costs, expenses, and demands for
property damages or bodily injury (including payments made under any
applicable workers compensation law or under any plan for employees
disability and death benefits) and including all expenses incurred in
defending against any such claims, to the extent such claims arise out
of or be related to the erection, maintenance, presence, use,
rearrangements or removal of attachments and facilities, or by any act
of a Licensee, its agents and employees or contractors on or in the
vicinity of the Town's poles. Licensees shall waive any immunity
viz. a viz. the Town created by any applicable workers compensation law
and shall indemnify the Town against loss due to such immunity as may
exist in favor of any of its contractors in respect to such
contractor's employees who are injured or killed in the course of work
related to the Town's poles.
34. Assumption of Risk. Licensees expressly assume the
responsibility for determining the condition of all poles to be climbed
by its employees, agents, contractors, or employees of
contractors. All such persons shall be conclusively presumed to
have assumed all risks inherent in the activity of working on or around
the Town's poles.
35. Reports of Accidents. Licensees shall make a verbal report to
the Town, as soon as possible, but not later than 24 hours, and a
written report to the Town within 48 hours of the occurrence of any
incident resulting in bodily injury or property damage (including
damage to other Licensees' facilities or the Town's facilities) in
connection with work of a Licensee's employees or contractors related
to the poles.
36. Necessary precautions. Licensees shall take any necessary
precautions prescribed by the Town, by the installation of protective
equipment or otherwise, to protect all persons and property against
injury or damage that may result from Licensees' activities on or
around the Town's poles. If, in the Town's opinion, a Licensee has not
taken such necessary precautions, the Town shall have the right to
revoke all permits granted under this Ordinance upon thirty (30) days'
written notice to the Licensee. The Town shall have the right to remove
immediately and without notice any attachment or facility that could
place the Town's poles, facilities or any person in danger of damage or
injury.
37. Penalties and remedies. Unless a shorter time is provided for
elsewhere herein, if a Licensee shall fail to comply with any of the
provisions of this Ordinance, or default in any of its obligations, and
shall fail within sixty (60) days after written notice from the Town to
correct such default or non-compliance, the Town may, at its option,
revoke Licensee's permit. In case of such termination, no refund shall
be made. In the event of any serious safety issue caused by
Licensee, the Town may remove Licensee's facilities. A violation
of this Ordinance shall constitute a misdemeanor under North Carolina
General Statutes, section 14-4. The maximum fine for any such
violation shall be $500. Notwithstanding any other provision in
this Ordinance, the Town may file an action to enjoin violations of
this Ordinance. In any action between the Town and a Licensee,
arising out of this Ordinance, whether for damages, injunctive relief,
or other relief, if the Town prevails in such action, the Licensee
shall pay the costs of the action, including the Town's attorney fees.
38. Payment within 30 Days. Bills for expenses and other charges
under this Ordinance, except those advance payments specifically
covered herein, shall be payable within thirty (30) days after
presentation. Any payment not made within 30 days after the due date
shall bear interest at a compounded interest rate of 18% per annum
until paid.
39. No Waiver of Provisions of Ordinance. Failure to enforce or
insist upon compliance with any of the terms or conditions of this
Ordinance shall not constitute a general waiver or relinquishment of
any such terms or conditions, but the same shall be and remain at all
times in full force and effect.
40. Reimbursement for Work Performed by Town. If a Licensee shall
default according to the time limits set herein in the performance of
any work it is obligated to do under this Ordinance, upon 30 days
written notice, the Town may elect to do such work, and the Licensee
shall reimburse the Town for the cost.
41. Unauthorized Attachments. If any of Licensee's facilities for
which no permit has been issued shall be found attached to the Town's
poles, the Town may, without prejudice to its other rights or remedies
under this Ordinance, require Licensee to submit, within 15 days after
the date of written or oral notification from the Town of the
unauthorized attachment, an Application and Permit for Pole
Attachments. If such application is not received by the Town
within the specified time period, Licensee shall immediately remove the
unauthorized facilities. The Town may remove the unauthorized
facilities if the Licensee fails to remove them. Licensees shall
pay an attachment fee of $100.00 per pole per attachment each full year
or fraction thereof from the time that the unauthorized attachment was
made up to and including the time that the unauthorized attachment was
discovered by the Town. The installations shall be presumed to
have occurred on the date of the last field inventory. The total
pole attachment fee, calculated as described in this subsection, shall
be paid by Licensee together with its attachment application.
42. Rights of Others. This Ordinance shall not be construed as
affecting the rights or privileges granted by the Town, by contract or
otherwise, to others, to use the Town's poles; and the Town shall have
the right to continue and extend such rights or privileges. The
attachment privileges herein granted shall at all times be subject to
such contracts and arrangements.
43. Permits not Transferable. Licensees shall not assign,
transfer or sublet the permits or privileges granted under this
Ordinance without the prior consent in writing of the Town.
44. Notice. Wherever in this Ordinance notice is provided to be
given by either party hereto to the other, unless otherwise specified,
such notice shall be in writing and given by letter deposited in the
U.S. mail, or by personal delivery to the Town at its main office at
the address shown on its web site.
45. Bond Requirement for New Construction. Prior to the start of
all new construction or addition of attachments, Licensees shall
furnish satisfactory evidence of a performance bond in the amount of
$50,000 to guarantee the payment of any sums which may become due to
the Town for attachment fees, engineering fees, make-ready surveys,
make-ready work, rearrangement of attachments, pole relocations or for
other work performed for the benefit of the Licensee under this
Ordinance. This requirement shall cease upon the satisfactory
completion of construction and the provision of a certificate of
insurance as required elsewhere in this Ordinance.
46. Trimming of right of way. All necessary right-of-way
maintenance, including tree trimming or cutting, shall be performed by
the owner of the right of way. If the owner of the right of way
is the Town, the Town shall have no responsibility to clear more right
of way than is necessary for its electrical facilities. Further
clearing shall be accomplished by Licensees at no cost to the Town.
47. Drop attachments made in haste. The Town shall allow the
making of limited drop attachments without formal application under
this Ordinance in situations where such attachments can be made safely,
easily, and quickly with no compromise of the public safety or
convenience, provided, however, that a report of such attachments shall
be made no later than 3 days after attachment on a form provided by the
Town for such reports. Licensees shall comply with all additional
rules set forth on such form.
*
* *
4. The Town Administrator reminded the Board that
invoices for pole attachment fees were mailed to Verizon and Northland
Cable in January each year and had not been sent due to the pole audit
currently underway by McGavran Engineering and the initial expectation
that billing on an "attachment" basis rather than a "pole" basis would
increase revenues; since an initial survey showed that each pole had on
average of only 1.2 attachments, that expectation seemed unrealistic.
MOVED BY COMM PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO LEAVE POLE ATTACHMENT FEES AT THE CURRENT RATE OF $10.00 PER
POLE UNTIL THE AUDIT IS COMPLETE.
VII. New Business.
1. Each Board member had received a copy of a letter
from Code Enforcement Officer Josh Ward to Brushy Face Partners LLC
dated October 3, advising that a stone island for a security gate had
not been approved as part of the subdivision plat and was encroaching
in the right-of-way. The Town Administrator said that the office
had received 41 letters to date complaining about the stone island,
expressing concern that it was located at the bottom of a hill and only
had a 12-foot and nine-foot road on either side of it.
Michael Dixon, one of the owners of the subdivision, was present and
said that the issue was not safety. He said the original road had
been widened and paved, brought up to Town specifications, and
utilities placed underground; he felt that safety had been improved,
and he was willing to widen the road, put in speed breaks, or install
signage.
Comm. Ross said he had looked at it and was concerned over the lack of
criteria for design of gates, which were going in everywhere. He
said that design should consider setbacks from the approach road, a
place to turn around, enough depth for a truck to negotiate the gate,
and curbs and landscaping around the gate. The Town needed to
come up with criteria or not allow them at all.
Glenda Bell, a property owner behind the gate, said that there had
never been a gate there before; it was poorly built, an obstruction,
unnecessary, and not approved on the original plat.
Nancy Hart, another resident, also spoke in opposition; she said the
gate had been erected without Town permission, was unsafe, and needed
to be removed.
Comm. Rogers said that in his experience, the road was not wide enough
for a truck. Comm. Patterson asked how a developer could gate
citizens who did not want it. Gary Schmitt said that he had met
with many property owners before the gate had been designed.
Comm. Dotson pointed out that the road was a private one, and the
issues between the two subdivisions were a civil matter; however, the
gate should be constructed to Town specifications.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED THAT THE STRUCTURE BE REMOVED.
Mr. Dixon said he would work with the Town in re-designing the gate.
2. Bob Kieltyka was present on behalf of the Chamber
of Commerce and in support of a requested 50th anniversary celebration
by the Highlander Newspaper proposed for Pine Street Park on Memorial
Day weekend. Eric NeSmith said the event was proposed for
Saturday, May 24, from 10:00 a.m. to 4:00 p.m., and was a way to give
back to the community. It was pointed out that the Park had not
yet been conveyed to the Town.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO APPROVE THE EVENT CONTINGENT ON THE PROPERTY BEING CONVEYED TO THE
TOWN.
The Mayor pointed out that a policy on the use of Pine Street Park
needed to be developed. Comm. Patterson said that she had no
problem with this event because it was open for the public.
3. Frank Davis was present from the UNC Center for
Public Television. The original antenna for UNC-TV had been
located on Satulah Mountain for many years, and had been relocated to
Upper Brush Face on January 18, 2006 for a five-year term at a lease
amount of $100 per year since the station was supported by public
funds. The new antenna would provide digital service, and it was
expected that the other antenna would be removed in two years as
digital TVs were phased in. It was proposed that the antenna
simply be added to the existing lease agreement.
MOVED BY COMM. ROGERS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE ADDITIONAL ANTENNA AT AN ANNUAL RENT OF $100 FOR
THE BALANCE OF THE FIVE-YEAR TERM, CONTINGENT ON APPROVAL BY THE TOWN'S
ENGINEERING TECHNICIAN.
4. Hillrie Quin was present representing the
Greenways Committee requesting that the Town match a $4978.42
Adopt-A-Trail grant for hand tools and safety equipment to build and
maintain trails; $100,000 in funds had been budgeted for Greenways.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO APPROVE THE TOWN MATCH FOR THE GRANT.
5. MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS,
AND UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G.S.
§143-318.11(A)(6) TO DISCUSS PERSONNEL MATTERS. All present
left the room, including the Town Administrator.
The Board discussed personnel matters.
THE BOARD AGREED BY CONSENSUS TO GO INTO OPEN SESSION.
VIII. The Board agreed by consensus to adjourn.
There being no further business to come before the Board, the meeting
was declared by the Mayor to be adjourned at 10:00 p.m.
________________________________
Richard Betz, Town Clerk