PUBLIC HEARING and REGULAR BOARD MEETING of July 2, 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, Bill
Harrell, Selwyn Chalker, Kim Lewicki, Melody Spurney, Dennis Matthews,
MaryAnn Sloan, Bill Nellis, Paul Iannacone, Mike Bryson, Judy and Louis
Michaud, John Gaston, Jim Lewicki, Allan Keller, Jerry Moore, Edwin
Poole, John Cleaveland, and others.
A. PUBLIC HEARING.
The Mayor called the Public Hearing to order at 7:00 p.m. and stated
that the purpose was to received comments on a proposed amendment of
the Zoning Ordinance changing the parking requirement for libraries, as
requested at the March 19, 2008 Board meeting; the amendment had been
duly advertized and its approval recommended by the Planning Board
John Gaston spoke in favor of the amendment; he said it would bring the
available parking at Hudson Library in conformance with most other
libraries.
The Mayor closed the Public Hearing.
B. REGULAR BOARD MEETING.
I. Call to Order.
The Mayor called the Regular Board Meeting to order at 7:02 p.m.
II. Approval of Agenda.
Copies of the agenda had been distributed by mail. The Town
Administrator requested the addition of two items: consideration
of amendment of the Zoning Ordinance for library parking, pursuant to
the Public Hearing immediately preceding the meeting, and re-voting on
the amendment of the Parking Ordinance at the previous meeting; he said
that the vote had been three to two on first reading of an Ordinance,
which was contrary to the requirement of G. S. 160A-75, which required
a two-thirds vote excluding the Mayor.
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 June 25 Budget Hearing and Special Board
Meeting had been distributed by mail.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, 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, and invited comments.
John Cleaveland was present and asked about the purpose of the parking
study that he understood the Town would be conducting. Joe Cooley
explained that the study was a parking and circulation study that would
show where parking was in relation to businesses; it had been 20 years
since the last study and it would enable the Board to make some good
judgements.
Allen Keller was present and asked about the Affordable Housing Task
Force; he said he owned the adjoining property off Buck Creek
Road. The Mayor explained that it would be discussed later in the
meeting.
V. Reports.
1. Each Board member had received copies of the Town
Engineer/
Public Service Administrator's report for the month. Lamar Nix
was present.
2. Each Board member had received a copy of the
Police Chief's report for the month; Chief Bill Harrell was present.
3. Each Board member had received a copy of the
Recreation Director's written report for the month; Selwyn Chalker was
present.
4. 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 had included a
proposed RFP for the parking study with his report; the deadline for
submittal of proposals was July 21, and the contract was scheduled to
be approved by the Board on August 20.
5. Each Board member had received a copy of the
Treasurer's Report for the month.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO ACCEPT THE TREASURER'S REPORT.
6. The Town Administrator reported that the Finance
Office was busy with fiscal-year-end reports, entering the new budget,
and many other finance and auditing requirements.
VI. Old Business.
1. The Board discussed the Parking Ordinance changes
made at the previous meeting, copies of which had been included in the
agenda package together with a map. The Board discussed whether
real estate offices required two employee parking spaces, the
difficulty of enforcing the Ordinance, and related issues.
MOVED BY COMM. DOTSON, SECONDED BY COMM. ROGERS, AND CARRIED TO APPROVE
THE ORDINANCE ON THE SECOND READING. The motion carried, with
Comms. Dotson, Rogers, and Patterson voting "aye," and Comms. Ross and
DeWolf voting "nay."
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Amendment of Section 7-117. Downtown Business District parking
ordinance (a). [Underlined words]
(6)
"Employee-restricted parking areas" shall mean all parking
spaces, both adjacent to the curbs and in the center, on Main Street
between Second Street and Fifth Street, and that portion of Church
Street located in the B-1 Zoning District.
(b) It shall be unlawful for a
Downtown Business District Employee to park a vehicle within the
employee-restricted parking areas while such person is performing his
duties as defined herein, except that two (2) employees in each real
estate office located in the Downtown Business District shall be
permitted to park a vehicle in said area.
*
* *
2. The Board discussed again the proposal submitted
by Bill Wilder at the previous meeting for the Town Manager
search. Comm. Ross said that Mr. Wilder had come highly
recommended, but he thought the Town Attorney should review the
proposal. Comm. Rogers was concerned over the lack of a cap on
expenses over the $12,000; Comm. Ross felt that the Board should ask
for an estimate; Comm. DeWolf felt that an hourly rate should be
provided in the event the contract was terminated.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO APPROVE THE CONTRACT SUBJECT TO REVIEW BY THE TOWN ATTORNEY, AND
SUBJECT TO SUBMITTAL BY MR. WILDER OF AN ESTIMATE OF HIS EXPENSES AND
THE HOURLY RATE FOR PARTIAL SERVICES.
3. The Town Engineer had located the right-of-way
line at the Joel Crook property on Foreman Road as discussed at the
previous meeting; the 28-foot parking area was partly on private
property, partly on right-of-way, with the retaining wall on private
property. John Cleaveland asked about the dump truck which had
been parked there; he wondered if it would remain there. Planning
Director Joe Cooley said that State D.O.T. regulations required there
to be enough room to turn so that a vehicle does not have to back into
a State Road; therefore, the parking could only be used for passenger
vehicles. Comm. Ross had some concern over a commercial vehicle
parked in a residential area, but Comm. Dotson pointed out that if the
parking area were completely on his property, the Town could not object.
MOVED BY COMM. ROGERS, SECONDED BY COMM. ROSS, AND CARRIED TO APPROVE
THE STRUCTURE ON THE RIGHT-OF-WAY SUBJECT TO ISSUANCE OF A REVOCABLE
LICENSE AGREEMENT. Comms Rogers, Ross, DeWolf, and Patterson
voted "aye;" Comm. Dotson voted "nay."
VII. New Business.
1. Paul Iannacone was present with petitions from
100% of the property owners in the vicinity of Azalea Circle, as
discussed at the May 21 meeting, requesting that the roads be accepted
by the Town and paved. After some discussion, the Board agreed
for the Town Engineer to consult with a surveyor and research the
status of the right-of-way of the roads in the area, then meet with the
Public Works Committee, then the Board for consideration of the request.
2. The Board considered the amendment of the Zoning
Ordinance concerning library parking, subject of a public hearing
preceding the meeting.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO ADOPT THE AMENDMENT.
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(1) Amend Article 300, Off-Street Parking and Loading, Section 302,
Parking Schedule, to add: "Libraries – Required Parking:
One (1) space for each five hundred (500) square feet of gross floor
space."
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3. MaryAnn Sloan, Chair of the Affordable Housing
Task Force, was present to follow up on the presentation she had made
at the June 4 meeting. She explained that the Highlands Community
had determined there was a need for affordable housing at least ten
years ago, and her task force had been working for 18 months and had
found that it was possible. In order to proceed with funding,
however, she requested that the Board provide a letter of commitment to
provide water and sewer service for the 48 units on the six-acre site
off Buck Creek Road. She pointed out that the Town already
provided water and sewer to Highlands-Cashiers Hospital and the
Chestnut Hill retirement community because they were essential services
and paid the required rates; the apartment complex, called Shortoff
Woods, would do the same. She asked that the Board make a
decision no later than August 6.
Ms. Sloan then fielded questions from several in the room. She
said that the apartments would be run by a for-profit corporation set
up for this specific apartment complex, and described how priority for
residence and rents would be established. $750,000 would be
raised privately as a local match for the $6.5 million project.
The complex met all watershed requirements and would adhere to strict
guidelines. Judy Michaud expressed concern over traffic at the
Buck Creek Road/US-64 intersection, and the strain on services and on
the local school. John Cleaveland and Mike Bryson expressed
concern over the precedent of providing water and sewer outside of Town
to a private entity. The Mayor pointed out that the housing would
be for a target workforce consisting of schoolteachers, childcare
workers, police officers, Town employees, healthcare professionals,
retail business staff, and other service providers who are essential to
the quality of life in Highlands; he thought the Town would be in
trouble if it did not provide housing for this segment of the
workforce.
The Board agreed after some discussion to place this item on the agenda
of the August 6 meeting.
VIII. MOVED BY COMM. DOTSON, SECONDED BY COMM. ROSS, 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 8:30 p.m.
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Richard Betz, Town Clerk