REGULAR BOARD MEETING of February 7, 2007, with Mayor Don Mullen and
Commissioners Alan Marsh, Amy Patterson, Hank Ross, H. N. James, and
Dennis DeWolf present.
Also present were Richard Betz, Selwyn Chalker, Bill Harrell, Erika
Olvera, Bill Coward, Sonjia Stewart, Bill Coward, Kim Lewicki, Jim
Lewicki, Linsey Wisdom, John & Joanna Baumrucker, Rick Siegel, Jim
Mullen, Griffin Bell, Melody Spurney, Dwight Bryant, Jonathan Heald, J.
P. Johns, Bill & June Hogue, Sandra Baty, David Wilkes, Karen
Booth, Terry Potts, Al Bolt, and many others.
I. Call to Order.
The Mayor called the meeting to order at 7:00 p.m.
II. Approval of Agenda.
Copies of the agenda had been distributed by mail. The Clerk
reported that the scheduled public hearing and agenda item requesting a
subdivision variance for Riverwalk had been postponed, and also that
the Mountain Environmental proposal for removal of silt from Big Creek
had been postponed.
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 January 17 Public Hearing and Regular
Board Meeting had been distributed by mail. Comm. Patterson noted
two typographical mistakes.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE MINUTES AS CORRECTED.
Copies of the minutes of the January 24 Special Board Meeting had been
distributed by mail.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE MINUTES AS DISTRIBUTED.
IV. Public Comment Period.
Dwight Bryant was present on behalf of Highlands Playhouse to request
that the Board reconsider its decision not to approve use of the Civic
Center for a proposed antique show. He said the Playhouse would
agree to set the show up on Tuesday, September 25, after the building
had closed for the evening, and the show would take place Wednesday
through Saturday; a donation would be made to the Town as they had the
previous year.
V. Reports.
1. The Mayor recommended that the Public Works
Committee meet with D. O. T. District Engineer Wesley Grindstaff early
in March to discuss various projects, and the Committee agreed by
consensus. He also reported that the Affordable Housing Committee
was moving forward and hoped to have an initial report in the next
couple of months.
2. Town Attorney Bill Coward reported that the County
had filed the notice of appeal with the N. C. Court of Appeals on the
ETJ lawsuit; the County would have 30 days after the record on appeal
had been assembled to file a brief. He also reported that both
parties in the Riverwalk litigation had filed required pre-hearing
statements.
3. Each Board member had received a copy of the Town
Engineer/ Public Service Administrator's report for the month; Lamar
Nix was present to review the report. He said that he had met
with the U. S. Army Corps of Engineers and DENR concerning the
Mountain Environmental silt removal proposal that would be on the
agenda of the next meeting; there would be no problems with the
regulatory agencies.
4. Each Board member had received a copy of the
Police Chief's report for the month; Bill Harrell was present to review
the report.
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. Three informal bids had been
received for mowing the Town Ball Park and the Recreation Park
property, and they were opened and read:
● Tate Landscaping $24,960
● J & J Lawn Service 24,196
● Zoellner Landscaping 14,940
Mr. Chalker agreed to review the bids for conformity to specs and
report back at the first meeting in March.
6. Each Board member had received a copy of the
Interim Zoning Administrator's written report for the month,
accompanied by minutes of the Zoning Board, Planning Board, and
Appearance Commission meetings from the past month. He said that
the Zoning Board had approved a storage building for Bucky Meredith on
US-64 in the ETJ at its previous meeting; the project was on hold
pending approval of the soil erosion plan. The Planning Board had
heard a presentation by Hillrie Quin and Ran Shaffner on the Greenways
Program, which had included several proposed Ordinance which had
already been drafted: a Historic District Ordinance, changes to
the watershed buffer requirements, and a new Parks and Open Space
appendix to the Zoning Ordinance. Planning Board Chair Griffin
Bell was present, and the Board discussed with him the need to meet
jointly to prioritize the many items on the Planning Board agenda; by
consensus, a Special Meeting was scheduled for March 14 for that
purpose. The Planning Board would also be discussing site
specific locations for multi-family development at its next meeting, as
well as text amendments clarifying clustering, equipment sheds, and
non-conforming uses, drafted by the Interim Planner and reviewed by the
Town Attorney; the amendments would be on the February 28 agenda and
copies would be mailed to the Board before the meeting. The
Appearance Commission had approved the Performing Arts Center addition
and the addition of a bar at Rib Shack; the latter item would be heard
by the Zoning Board on February 14.
7. Each Board member had received a copy of the
Treasurer's Report for the month.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO ACCEPT THE TREASURER'S REPORT.
8. The Town Administrator said that he had included a
letter from ETJ resident Karen Hawk in the agenda package; that the
Clean Water Management Trust Fund grant application for the Harris Lake
Sewer Project was being prepared for submittal; and that Highlands
Cable Group had filed for a cable TV franchise with the N. C. Secretary
of State under new legislation which went into effect on January
1. He understood that the report from consultant Ted McGavran on
the Town's utility poles and clearances would be submitted in March.
VI. Old Business.
1. The Board had agreed to discuss renewal of parking
passes issued by the Chamber of Commerce and two-hour parking
restrictions on Church Street and elsewhere at this meeting. Rick
Siegel spoke on behalf of the Chamber requesting that the permits be
renewed, unless the Board wanted to review two-hour parking in
general. Comm. James felt that the Board might as well eliminate
two-hour parking if the exemptions were being granted. Police
Chief Bill Harrell recommended that the two-hour parking be eliminated
but the Employee Business District Ordinance retained in the B-1
District. Several people present, some of them unidentified,
commented on the parking restrictions; Terry Potts said he thought the
Employee Business District Ordinance was unfair and
discriminatory. After some discussion Comm. James suggested that
the Board suspend two-hour parking for one year, but extend employee
parking restrictions to the entire B-1 District. Comm. Patterson
felt that the Board should review the Ordinances and the history of
their adoption before rushing into anything. Comm. Ross commented
that the Ordinance originated as a response from Chamber of Commerce
merchants; he thought they should provide a proposal. Rick Siegel
said the Chamber would agree to that, and by consensus the Board agreed
to hear this proposal at the March 7 Board meeting.
2. The Chamber also requested permission to post six
signs in various locations around Town directing visitors to the
Visitor Center.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO APPROVE THE SIGNS CONTINGENT ON APPROVAL BY THE TOWN ENGINEER AND
THE D. O. T.
VII. New Business.
1. J. P. Johns and Jonathan Heald were present from
McGill Associates to present the final Stormwater Master Plan, funded
in part by a CWMTF grant, which Mr. Johns described as a limited
detailed master stormwater plan. He described the data that had
been collected with the help of Matt Shuler and Lamar Nix, the systems
that had been modeled, and some 30 capital projects that had been
recommended for the Mill Creek, Upper Munger Creek, and downtown
business areas, at a total cost of between $10 and $20 million if they
were all completed. The Plan would provide the basis for seeking
funds from CWMTF, but could also be funded by a stormwater utility, and
would focus on restoring streams and buffers and creating ripple and
pool systems that would impact the 303(d) impaired status of Mill
Creek. They had also created a matrix of the Town's Ordinances,
and they recommended adoption of a Stormwater Ordinance to which
existing ordinances would refer; that would help the Town meet Phase II
requirements when they came into effect. He recommended involving
the various stakeholders in the development of such an Ordinance and
taking an aggressive and realistic approach. Replying to
questions from the Board, the engineers described how some projects
could be constructed for little cost in some environmentally sensitive
areas. The Mayor thanked them for their excellent work.
2. Each Board member had received a copy of a
re-written Soil Erosion and Sedimentation Ordinance prepared by the
Town Attorney and approved by the State which incorporated several
amendments. Bill Coward said that the major changes involved the
civil penalties procedures in Section 19, as well as a new Section 21
requiring restoration after non-compliance. Comm. Ross asked
about the plan preparation requirements in Section 15, Mountain Overlay
Districts, a section unique to the Highlands Ordinance that had been
adopted five years ago, according to the Town Administrator; he
understood that under State law, soil erosion plans could be prepared
by landscape architects and other individuals, not just
engineers. The Town Attorney agreed to review the requirement.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO ADOPT THE RE-WRITTEN ORDINANCE PROVIDED SECTION 15 IS CONSISTENT
WITH STATE LAW.
3. Each Board member had received a copy of a letter
dated January 17 from Al Bolt, asking the Board to consider widening
the lower section of Second Street to two lanes and installing a
sidewalk; the road would connect to Highlands Plaza through a new
parking lot in the rear of the old Highlands Hardware building, then
exit onto the driveway to NC-106 near the Chinese Restaurant. The
Board discussed the request at some length, finally agreeing to place
this on the agenda of the next meeting and look at it in the
meantime. Comm. Ross commented that the Board ought to think
about priorities; other projects may be more important. Bill
Hogue and June Hogue both spoke in opposition to widening the road.
4. The Board again discussed a proposed sidewalk
along Fifth Street which Comm. Marsh had brought to the Board at the
previous meeting; the estimated cost was $47,350. Comm. Patterson
pointed out that the Stormwater Plan presented earlier in the meeting
recommended a five-foot grass strip adjacent to a five-foot
sidewalk. Other items which had been included in this $200,000
line item in the budget in addition to sidewalks, according to the
Treasurer, were replacing tree planters on Main Street, continued
phased replacement of non-conforming handrails, trash cans, and
additional street paving. The Board agreed for the Town Engineer
and Town Administrator to compile an updated
list and consider it at the next meeting.
5. David Wilkes was present on behalf of the ABC
Board to update the Board on its progress in seeking a new
building. The Board had looked at leasing a 6000-SF building or
constructing one on a site in the Town limits; lease of the present
building expired in September. Three possible locations had been
located, but rent would take all of the distributions generated by the
ABC Store; this year's distributions totalled $130,000, but the Board
had been holding them pending a decision. He asked the Board to
consider if it would be willing to help purchase another piece of
property. The Board took this information under advisement.
6. 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, AND PURSUANT TO §143-318.11(A)(6) TO CONSIDER AN
APPLICATION FOR EMPLOYMENT. The Board adjourned to the adjoining
meeting room with the Town Administrator, the Town Attorney, and the
Town Engineer.
A. The Board consulted with the
Town Attorney and the Interim Zoning Administrator on Riverwalk.
B. The Town Engineer reviewed with
the Board an application for employment for Wastewater Treatment Plant
Operator from Alec Templeton; Mr. Templeton was certified as a Grade
III operator, and he and the Town Administrator recommended a starting
salary of 16-3.
C. The Board also discussed the
Town Planner/Zoning Administrator and Code Enforcement Officer
application process.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND UNANIMOUSLY
CARRIED TO GO INTO OPEN SESSION. All returned to the meeting room.
7. MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH,
AND UNANIMOUSLY CARRIED TO OFFER THE POSITION OF WASTEWATER TREATMENT
PLANT OPERATOR TO ALEC TEMPLETON AT A STARTING SALARY OF 16-3 ($33,364).
8. MOVED BY COMM. ROSS, SECONDED BY COMM. MARSH, AND
UNANIMOUSLY CARRIED TO CONTRACT WITH GARY NICHOLSON TO REVIEW THE
ZONING POSITIONS RECENTLY ADVERTIZED AND TO HELP THE TOWN FIND
CANDIDATES FOR THESE POSITIONS.
9. Comm. James said that he had changed his vote on
permitting the Highlands Playhouse antique show. He thought the
show should be permitted this year as outlined earlier in the meeting
by Dwight Bryant, from late Tuesday night after the Center closed
through Saturday.
MOVED BY COMM. JAMES, SECONDED BY COMM. DEWOLF, AND CARRIED TO PERMIT
HIGHLANDS PLAYHOUSE TO HOLD AN ANTIQUE SHOW THIS YEAR AT THE HIGHLANDS
CIVIC CENTER FROM SEPTEMBER 25 THROUGH SEPTEMBER 29. Comms.
James, DeWolf, Patterson, and Ross voted "aye;" Comm. Marsh voted "nay."
VIII. MOVED BY COMM. JAMES, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO ADJOURN.
There being no further business to come before the Board, the meeting
was declared by the Mayor to be adjourned at 9:35 p.m.
________________________________
Richard Betz, Town Clerk