PUBLIC HEARING and REGULAR BOARD MEETING of January 3, 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, Sonjia
Stewart, Bill Coward, Kim Lewicki, Jim Lewicki, Linsey Wisdom, Zeke
Sossomon, Joanna Baumrucker, Rick Siegel, Jim Mullen, Morris &
Anita Williams, Ginger Slaughter, Clem Patton, Gary Drake, Wanda Drake,
Iva Lord, and many others. Town Attorney Bill Coward arrived
after the meeting had started.
A. PUBLIC HEARING.
The Mayor called the Public Hearing to order at 7:00 p.m. and stated
that the purpose was to hear comments from the public on a petition for
annexation from Iva Lord for a 1.19 acre-parcel contiguous to the
corporate limits. There were no comments from the public and the
Mayor closed the Public Hearing.
B. REGULAR BOARD MEETING.
I. Call to Order.
The Mayor called the Regular Board Meeting to order at 7:01 p.m.
II. Approval of Agenda.
Copies of the agenda had been distributed by mail.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE AGENDA AS DISTRIBUTED.
III. Approval of Minutes.
Copies of the minutes of the December 6 Regular Board Meeting had been
distributed by mail.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
Copies of the minutes of the December 13 Adjourned Session Board
Meeting had been distributed by mail.
MOVED BY COMM. MARSH, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
IV. Public Comment Period.
The Mayor asked that those present tonight to comment on the discussion
of use policy at the Highlands Civic Center make their comments at this
point. Zeke Sossomon asked if there had been a recommendation
from the Recreation Committee; the Town Administrator said the
Committee had not made a recommendation, although it had discussed many
ideas and offered them to the Board in a written report for further
discussion. The Mayor said that there had been some
misinformation in the media; no proposal to deny use of the Civic
Center for the Highlands Playhouse antique show had been made.
Gary Drake said he thought the Board needed to decide tonight so the
Playhouse could move forward with its plans. There were no
further comments at this time.
V. Reports.
1. The Mayor reported that Mountain Environmental
Group had completed field work on an estimated cost to dredge Big
Creek; the report was expected in a week or two. He also said
that the task force he had appointed to look into affordable housing,
headed by MaryAnn Sloan, would be meeting the following Monday in the
Hudson Library. He also reported that he would be attending a
one-day Institute of Government workshop in Asheville, Working for
Results as a Board, on March 1.
2. It was reported that the Recreation Committee had
met twice to discuss use policy at the Civic Center, an item that would
be taken up under Old Business.
Copies of the Draft Stormwater Master Plan, which the Town
Administrator said he had received late that afternoon, had been
included with the agenda package; McGill Associates had requested
comments by January 24 and were planning on attending the February 7
meeting. Comm. Ross felt that the Public Works Committee should
discuss the Draft with the Town Engineer, and that Committee agreed by
consensus to meet at 8:30 a.m. on Wednesday, January 10, in the
Conference Room for that purpose.
3. The Town Attorney was not present but arrived
during Old Business.
4. Each Board member had received a copy of the Town
Engineer/ Public Service Administrator's report for the month; Lamar
Nix was absent due to illness.
5. Each Board member had received a copy of the
Police Chief's report for the month; Bill Harrell was present to review
the report.
6. 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 reported that Highlands Country
Club had nearly completed work that it was donating to aerate and
improve Zachary Field. He also said that he had discussed with
the Recreation Committee obtaining informal proposals on mowing and
maintaining the field since he had thus far been unsuccessful in
seeking an employee for this purpose; the Board agreed for him to
proceed with obtaining proposals and to consider them at the February 7
meeting. Comm. Dewolf reported that Pierre Construction had
located someone who could take a look at the skylights in the Civic
Center lobby; the portico itself was being designed for a low-pitched
roof and an engineer had been contacted to prepare the drawings for the
building inspector.
7. Each Board member had received a copy of the Town
Planner/ Zoning Administrator's report for the month; Larry Gantenbein
was out of Town and had been unable to return due to the storms in the
midwest. The Town Administrator reviewed several recommendations
made at the previous Planning Board meeting, which was attached to the
report:
a. The Planning Board had
recommended that the R-1 district in the ETJ be renamed R-5, and that
it be amended to permit customary incidental home occupations.
The hearing could proceed as scheduled, but a change to R-5, should the
Board agree, would require another map amendment and public hearing.
b. The Planning Board had agreed
not to hear a request for a subdivision variance from Riverwalk until
the revised erosion control plan had been implemented and the $400,000
civil penalty collected. The Board agreed to hear the variance
application, which had been attached to the report, at the February 7
meeting.
c. The Planning Board had
recommended re-zoning the Philip Whitaker property to B-5; the hearing
was scheduled for January 17.
d. The Planning Board and the
Appearance Commission wanted to meet at different times and
dates. The Town Administrator said they had the authority to do
this without Board approval; they needed to advise him when the change
went into effect so that the posted meeting schedule could be changed.
8. Each Board member had received a copy of the
Treasurer's Report for the month. He reported that since over
$1,300,000 in property tax revenues had been received, he would be
transferring the $110,625 in the budget into both a Certificate of
Deposit and an interest-bearing account for the Town Hall fund.
Comm. James asked why no ABC revenues had been received, and the
Treasurer replied that he understood they were reserving disbursement
due to the possibility that they would be leasing a building.
MOVED BY COMM. JAMES, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO ACCEPT THE TREASURER'S REPORT.
9. The Town Administrator reported that District
Engineer Wesley Grindstaff had met with him earlier in the day and
indicated that the D.O.T. would be approving the paving contract for
re-surfacing Chestnut Street; funds were available for both sidewalk
and curb & gutter, and they wanted Town input on the street.
The Public Works Committee agreed by consensus to include this on the
agenda of their January 10 meeting. He also said that Mr.
Grindstaff was willing to come to a meeting in April or May with
property owners along Hickory Hill Road to discuss the paving proposal
for that road.
He also reported that Al Bolt, incoming Chairman of the Board of the
Chamber of Commerce, had invited Board members to attend part of its
retreat on Wednesday afternoon, March 28.
He also reported that the Griffin house on Chestnut Street was
vacant. Comm. James felt that the house should be checked for
wormy chestnut panelling and then torn down.
VI. Old Business.
1. The Mayor said that he understood the Recreation
Committee had worked hard on a use policy for the Civic Center but not
made a recommendation. Comm. Patterson said that the Town already
had a policy in place for the building, which was that no commercial
enterprises would be allowed. The Board then discussed the issue
at some length. Comm. DeWolf pointed out that over the years some
non-profits which were well-established in the community have used the
building for events; he wondered how the Town could say no to
others. The Town Attorney arrived at the meeting during the
discussion and he said that as far as use, it was more a political than
a legal issue; the Town could discriminate between those wanting to use
the facility provided it was not based on race or religion. Comm.
James said it was his understanding when the facility was built that it
could be used as a community building, and was not restricted only to
recreation. Comm. DeWolf said that two factors to be considered
were (1) use for an extended period of time and (2) use during certain
periods of time, both of which could interfere with recreational
activities. The Mayor felt those concerns could be addressed by
limiting times and letting it be used on a first come/first serve or
lottery basis. Comm. Marsh felt that the Town needed a policy
that did not play favorites among non-profits. The Recreation
Director said that the Macon County facility was rented on a first
come/first serve basis during certain periods of year. He said
that in the case of Highlands the building was largely unused in
September-October and March-April. Comm. Patterson said that the
Town needed to be clear that events were organized by non-profits, and
also needed to be careful that they were Highlands-based and had an
interest in the community. The Board then discussed how many days
an event might occupy the building.
Morris Williams was present and said he thought the Town should not
focus on the type of organization as much as whether the event was for
the good of Highlands; when no activity was going on and someone wanted
to use the building for a worthy cause, he thought that Selwyn or the
Mayor should make the decision, depending on the length of the
event. Zeke Sossomon said that limiting use to "Highlands-based"
organizations would eliminate many, and he also said that a flexible
fee schedule could discourage uses of a more commercial nature.
Art Grabe said the antique show was held during the slowest time of
year and helped the Town in general. Nancy Freise felt those
attending the shows would also patronize other antique dealers in
Town. Jim Mullen agreed; he said he had polled merchants when he
had been on the Chamber Board and they favored the event seven to
one. Wanda Drake also favored the show, saying that it had helped
her jewelry business. Zeke Sossomon asked what disruption the
show had caused last year, and was told by the Recreation Director not
much. Joanna Baumrucker, asked about the length of time needed
for the show, said she had requested seven days, September 24-30, but
could do it in five days.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, TO ALLOW HIGHLANDS
PLAYHOUSE'S ANTIQUE SHOW TO GO FORWARD, BUT FOR A MAXIMUM OF FIVE DAYS,
DURING THE DATES INDICATED AND ONLY FOR THIS YEAR, AND MEANWHILE TO
CONTINUE TO WORK ON THE POLICY. The motion failed to carry, with
Comms. Ross and DeWolf voting "aye," and Comms. James, Patterson, and
Marsh voting "nay."
VII. New Business.
1. A public hearing had been held at the beginning of
the meeting to hear comments from the public on a petition for
annexation from Iva Lord for a 1.19 acre parcel contiguous to the
corporate limits. The Town had prepared the following Annexation
Ordinance:
ANNEXATION ORDINANCE
WHEREAS, the Town of Highlands has received a
petition under G. S. §160A-31 from Iva Lord, sole owner of real
property as described in the petition for annexation dated November 10,
2006, and said property being contiguous to the existing corporate
limits of the Town of Highlands, and asking that the property be
annexed and incorporated within the Town limits upon and after the
effective date of this Ordinance; and,
WHEREAS, the Town Clerk has certified to the Board
of Commissioners the sufficiency of said petition; and
WHEREAS, notice of a public hearing was published in
The Highlander newspaper, a newspaper having general circulation in the
municipality, on December 14, 2006, which publication was more than ten
days prior to the date of the public hearing; and
WHEREAS, a public hearing was held on January 3,
2007, at 7:00 p.m. in the Conference Room of the Town Hall at 210 North
Fourth Street in Highlands, North Carolina, on the question of this
annexation, and at the hearing all persons who might allege an error in
the petition were given an opportunity to be heard, and no errors were
alleged, and other residents of the municipality who favored or
questioned the necessity for the annexation were also given the
opportunity to be heard; and
WHEREAS, the Board of Commissioners of the Town of
Highlands finds that the petition meets the requirements of Section
160A-31, North Carolina General Statutes.
NOW, THEREFORE, BE IT ORDAINED by the Board of
Commissioners of the Town of Highlands, North Carolina, that:
Section 1. By virtue of the authority granted
by G. S. §160A-31, the following described territory is hereby
annexed and made part of the Town of Highlands upon and after the
effective date of this Ordinance:
The real property as described in petition for
annexation dated November 10, 2006, owned by Iva Lord, being 1.19 acre,
more or less, as shown on a survey prepared by L. Stephen Foster, PLS,
dated June 13, 2001, Drawing No. F84-73, as recorded in Deed Book B-24,
page 1418, Macon County Public Registry.
Section 2. Upon and after the effective date
of this Ordinance, the above-described territory shall be subject to
all debts, laws, ordinances, and regulations in force in the Town of
Highlands, and shall be entitled to the same privileges and benefits as
other parts of the Town of Highlands. Said territory shall be
subject to municipal taxes according to G. S. §160A-58.10 and
§160A-31(e), and shall be zoned R-1 Residential.
Section 3. Owner is responsible for the cost
of installation of a water line to said property.
This ordinance is adopted this 3rd day of January,
2007, and is to become effective on January 3, 2007, which is a date
within six months from the first-stated date.
MOVED BY COMM. MARSH, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO ADOPT THE FOREGOING ORDINANCE.
2. The Board then considered the assessment of civil
penalties for Joel Crook pursuant to notices of violation issued by the
Zoning Administrator for stormwater sedimentation and gravel runoff
from his property onto Foreman Road. Comm. James said that he
disagreed with assessing penalties since the Town had watched this
problem develop on its right-of-way; he felt the Town should come up
with a solution to the problem and make him fix it since the Town had
already addressed the water coming from Recreation Park property.
Comm. DeWolf said that Mr. Crook had built up a berm that prevented
natural drainage. Comm. James suggested perhaps larger rocks
could be used; he suggested that Comm. Ross and the Town Engineer meet
with Mr. Crook and see what it would take to correct the problem.
MOVED BY COMM. MARSH, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO SUSPEND ASSESSMENT OF CIVIL PENALTIES FOR SIXTY DAYS IN ORDER TO
GIVE MR. CROOK AN OPPORTUNITY TO FIX THE PROBLEM.
3. The Town Administrator reported that the N. C.
Division of Community Assistance had conditionally awarded Macon County
and its interested municipalities $400,000 in Community Development
Block Grant funds for Scattered Site Housing. The application for
the funds, to be used for low-income housing, now required that local
governments either say they want to participate or decline
participation in the program.
MOVED BY COMM. JAMES, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO DIRECT THE MAYOR TO SIGN THE CERTIFICATION FORM DECLINING
PARTICIPATION IN THE PROGRAM.
4. The Board then reviewed maps of the proposed ETJ
areas identified for public hearing on January 17. Comm.
Patterson pointed out that--contrary to the latest maps posted in the
Town Hall, distributed to Board members, and posted on the internet--
two lots in the NC-106 ETJ area should not be identified as B-5.
She also pointed out that the properties identified on the maps in the
northern ETJ area as B-5 appeared to be several residential lots in the
vicinity of Skyline Lodge rather than the lodge itself. Clem
Patton was present and confirmed that the intent of the Planning Board
was that only the lodge, plus any rental cottages associated with the
lodge, should be B-5. The Board discussed these errors informally
with Planning Board members Clem Patton, Ginger Slaughter, and Pat
Taylor at some length. Mr. Patton also felt that the section in
the northern ETJ area shown as R-2 should be identified as a proposed
new R-5 area, discussed earlier in the meeting, rather than R-2.
Comm. Ross felt that the public hearing should be cancelled in view of
these errors. The Town Administrator recommended proceeding with
the public hearing, confirming the errors on the maps, and then holding
a separate public hearing with re-notification for the parcels
erroneously identified on the maps; he noted that, if the Board
accepted the Planning Board's R-5 recommendation, another public
hearing would have to be held anyway for all of the R-1 parcels in the
ETJ. The Board agreed by consensus to proceed with the January 17
public hearing. Planning Board members Slaughter, Patton, and
Taylor announced that their Board would meet at 5:00 p.m. on Monday,
January 8, to review the maps and ensure all of the errors have been
noted, and also to review the language for home occupations or
home-based businesses, which they said was the only distinguishing
difference between R-1 and R-5. The media was present and took
note of the meeting.
5. MOVED BY COMM. MARSH, SECONDED BY COMM. ROSS, AND
UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G. S.
§143-318.11(A)(6) TO CONSULT WITH THE TOWN ATTORNEY ON LEGAL
MATTERS. The Board adjourned to the adjoining meeting room with
the Town Administrator and the Town Attorney.
A. The Board consulted with the
Town Attorney on a legal matter involving former Town employee Bonnie
Bryson.
B. The Board consulted with the
Town Attorney on a legal matter involving civil penalties for Riverwalk
Subdivision.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO GO INTO OPEN SESSION.
MOVED BY COMM. JAMES, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED THAT BONNIE BRYSON IS ENTITLED TO HER ACCRUED SICK LEAVE WITH
RESPECT TO HER APPLICATION FOR RETIREMENT.
MOVED BY COMM. JAMES, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
THAT, BASED ON THE TOWN ATTORNEY'S RECOMMENDATION, THE TOWN NOT PURSUE
COLLECTION OF $3500 IN FINES FROM RIVERWALK, AND INSTEAD USE ALL ITS
ENERGIES TO COLLECT THE $400,000 IN FINES LEVIED AT THE DECEMBER
MEETING.
VIII. MOVED BY COMM. DEWOLF, SECONDED BY COMM. JAMES, 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 9:00 p.m.
________________________________
Richard Betz, Town Clerk