REGULAR BOARD MEETING of March 1, 2006, with Mayor Don Mullen and
Commissioners H. N. James, Dennis DeWolf, Alan Marsh, Amy Patterson,
and Hank Ross present.
Also present were Richard Betz, Bill Coward, Lamar Nix, Selwyn Chalker,
Bill Harrell, Kim Lewicki, Jim Lewicki, Adam Thompson, Griffin Bell,
Ginger Slaughter, Mario Gomes, George Mathis, Bronce Pesterfield, Bob
Kieltyka, Mai-Beth Ketch, David Hourdequin, Lee Hodges, Edna Foster,
Cynthia Strain, 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 the following amendment to
Section 2.67 of the Code,
Add the following to Section 2-67:
"(c) Areas regulated by
extraterritorial jurisdiction shall have proportional representation on
the planning board based on population of the regulated area in
accordance with G. S. §160A-362."
The Town Administrator reported that the Board had adopted the
amendment on December 7, 2005, but had failed to hold a public hearing,
which the Town Attorney had advised is required by law.
There were no comments from the public, and the Mayor closed the public
hearing at 7:01 p.m.
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. The Town
Administrator asked that an item of New Business--bids on the
reconductoring project and two vehicles--be deleted, and that the
following items be added: discussion of a sidewalk along Chestnut
Street, approval of an audit contract, letter received from Lee Hodges
requesting that her subdivision be excluded from the Extraterritorial
Jurisdiction, and consultation with the Town Attorney during the Closed
Session already scheduled.
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 February 15 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.
IV. Public Comment Period.
The Mayor stated that this was the time for public comments as required
by law.
David Hourdequin said that he had learned that while he had been out of
Town the Board had approved several road variances for the Crunkleton
Ridge Subdivision, which had reminded him of variance requests he had
made as project manager for Satulah Vista Subdivision. He said
that in hindsight he regretted requesting those variances because such
roads cannot handle the volume of traffic once construction starts; if
approved, they needed adequate pull-offs and widening on curves.
Comm. DeWolf offered to discuss the variance with him; he felt it had
been justified by the particular nature of the subdivision.
There were no further comments from the public.
V. Reports.
1. The Mayor said that there had been a lot of
controversy about the Highlands-Cashiers Hospital in recent weeks, and
he assured the public that he was involved in the situation and would
ensure that steps would be taken to resolve the problems. He also
reported that he had toured both the Wastewater Treatment Plant and the
Water Treatment Plant earlier in the day, and they were both
state-of-the-art facilities.
2. 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 added that the Town had
been the subject of its first sewer collection compliance inspection
and it had gone very well. The Town-forces portion of the
Ballfield project was complete, and the fencing and sod would be
installed by contractors in the next two weeks.
3. Each Board member had received a copy of the
Police Chief's written report for the month; Bill Harrell was present
to review the report.
4. 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 commended the Town for its work
on the Ballfield, but he also reported that Zachary Field was badly in
need of restoration work. The need for a coring machine and a top
dresser would be discussed at budget time.
Comm. DeWolf said that he understood work would begin on the roof of
the Civic Center on March 13.
5. Each Board member had received a copy of the Town
Planner/ Zoning Administrator's report for the month; Larry Gantenbein
was present to review the report.
6. 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.
7. The Town Administrator reported that he had spoken
with Al Bolt and been told that Ms. O'Donnell still intended to close
off the driveway into Highlands Plaza. The Town Attorney had
confirmed that, because the street had been legally abandoned in 1974,
it could not be re-opened by the Town.
He also reported that he would be meeting with Tom Massey from the
Clean Water Management Trust Fund the following day to discuss the
Town's application for funding for a Stormwater Master Plan.
VI. Old Business.
1. The Board discussed permits issued at previous
meetings for use of Town right-of-way for construction activities by
Old Edwards Inn on Church Street and Fourth Street, which had expired
on this date. The Town Administrator distributed copies of a
revised construction scheduled for the work on Fourth Street which
indicated a completion time of mid-May. George Mathis was present
and said that the rock work would be completed and the sidewalk
replaced by the end of March, at which time a pedestrian "tunnel" would
be constructed; until then, pedestrians would be routed around the
construction area into four to five parking spaces on Fourth
Street. Bob Kieltyka commended Old Edwards Inn for its
cooperation, but said he hoped pedestrian access could be restored to
his business as soon as possible.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. JAMES, AND UNANIMOUSLY
CARRIED TO EXTEND THE PERMITS FOR THE AREAS ON CHURCH STREET AND FOURTH
STREET PREVIOUSLY DEFINED UNTIL APRIL 5.
Comm. Ross asked about the street trees proposed to be planted along
Church Street; he wondered if they would be willing to adhere to the
streetscape tree design the Town intended to use throughout the
downtown area. Mario Gomes agreed to meet with him and discuss
the trees.
2. The Board again discussed a Request for Proposal
for a Town Administration Facilities Master Plan, prepared by Comms.
DeWolf and Ross, distributed for review by the rest of the Board at the
previous meeting. Comm. Ross said that the RFP spelled out specific
tasks while attempting to get a grasp of the big picture for the entire
block on which the Town Hall is now situated.
Comm. DeWolF had developed a list of consultants with experience in
this kind of study, and he proposed sending it out for proposals as
soon as possible in order to be able to budget for the study in FY
06-07.
MOVED BY COMM. JAMES, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO SEND THE REQUEST FOR PROPOSALS.
3. Comm. Marsh suggested scheduling a work session to
discuss the Capital Improvement Program for the coming year.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO SCHEDULE A MEETING FOR 7:00 P.M. ON MARCH 8 TO DISCUSS THE
CAPITAL IMPROVEMENT PROGRAM.
VII. New Business.
1. The Board considered a preliminary subdivision
plat for Satulah Village South, the former Nick's property on
NC-28. The Town Administrator had included in the agenda package
a copy of a memorandum prepared by Robert B. Long Jr. and Andrew B.
Parker, attorneys retained by the Town, providing an opinion on the
clustering provision in the Town's Zoning ordinance, and concluding
that this portion of the Ordinance was "valid and consistent with State
law and regulation." Also included in the package was a memo from
Bernard N. Neal, owner of the property downstream from the subdivision,
requesting an opportunity to review the plans and submit comments, and
a letter from Louis D. Young Jr., P. E., Columbia Engineering,
analyzing the plans for this subdivision as submitted to the Planning
Board the previous month, prior to the current revision. The Town
Administrator reported that the Planning Board had met on February 27
and voted five-to-four to recommend approval of both this subdivision
and the Satulah Park West subdivision, but had also agreed that Mr.
Neal should have two weeks to review the revised plans.
Bronce Pesterfield, P. E., distributed plans for the subdivision and
indicated that the plans first submitted to the Planning Board the
previous month had been revised to incorporate a water feature to be
used for stormwater retention and to provide more dedicated green
space. He then reviewed the plans in some detail. He said
that porous concrete would be used for all paved surfaces, and that
stormwater would be captured and routed to the water feature so that
post-development would not exceed pre-development runoff for a 25-year
storm. Total built-upon was 23%, and there would be 0.84 acres of
dedicated green space in the pond area, roadsides, and rear on the
3.34-acre project, or approximately 25%; minimum setbacks of five feet
would be met for all proposed residences, the approximate footprint of
which were shown on each lot. Mr. Pesterfield also presented a
proposed plan for improvement of the intersection of Satulah Road,
South Street, and US-28, which he said would be part of the project; he
said that the D.O.T. had commented favorably on the plans but the
Traffic Engineer had not yet formally reviewed them. The
intersection improvements would include a six-foot sidewalk in front of
the Rib Shack property connecting South Street and Spring Street.
Plans for the subdivision had also been reviewed by the Town Engineer,
who had recommended that the roads should remain private due to the
porous concrete and sub-surface drainage structure. Plans had
been mailed the previous day to Bernard Neal's engineer, and he felt
that overall stormwater should be reduced due to elimination of the
parking lot at Nick's and improvement of the storm drainage on the
property.
Comm. Patterson wondered if porous concrete would work in this
environment. Comm. DeWolf said that he applauded the developer
moving in the right direction from the first plan and reducing the
density by two residences. Comm. Patterson said that she still
had a problem with considering this project a clustered development;
she was not sure it met the intent of the Ordinance in keeping density
while moving homes closer together in order to open up other
areas. Mario Gomes was present and said that the project
resembled the development in Mill Creek Village. The Town
Administrator pointed out that that development had occurred on
property zoned R-3 Residential and on lots platted before the
clustering provision had been adopted. Comm. Patterson said she
felt that density and lot size were two separate things; she also
questioned the reliance in the memo from Long and Parker on a verbal
conversation with a DENR official. She thought the Ordinance had
some ambiguities and a loophole. Comm. James said he felt the
problem was the wording "underlying Zoning District" in referring to
the number of lots; he thought the Board may have made a mistake in
adopting this provision. Comm. DeWolf said he thought the
developer was moving closer to the idea of clustering, but he felt that
the large footprints and high density forcing so many units would
devastate the site. Comm. James pointed out that the plan was
similar to that considered by Scott Cole. Mr. Pesterfield said
that he had been the engineer on that project and had discussed
clustering as an alternative to multi-family development; that plan had
proposed 12 units on two acres, and had started the discussion that had
led to the clustering provision. Comm. Marsh said that he had
been on the Planning Board at the time and remembered clustering being
discussed, but he thought that 50% dedicated, natural, undisturbed
green space was supposed to be provided, and he did not see that in
this plan. Mr. Pesterfield pointed out that the total built-upon
was 76%. Comm. Marsh said that the Town's attorney, Bob Long, had
stated at last month's Planning Board meeting that anybody with common
sense could see that this proposal was not clustering. Mr.
Pesterfield replied that that was why they had gone back to the drawing
board and revised the plan. Comm. James said that he felt that
the Board had been caught asleep with the clustering provision and it
was time to move on. Comm. Ross said he was not sure if the
proposal was legal or not; he was not comfortable voting on this unless
he was convinced that it was. Mr. Pesterfield said that the
alternative would be commercial development on the property with a 70%
built-upon; he was sure that the spirit of the Ordinance should not be
to force someone into using the property for commercial
development. Comm. James said that he had not heard anything to
convince him that the Ordinance was not legal; he felt the Town should
move on, and correct the Ordinance if it wanted to. Comm. Ross
said he would have to agree, and he pointed out that extraordinary
stormwater measures had made the plan better.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. PATTERSON, AND CARRIED TO
REQUEST THAT OLD EDWARDS INN REVISE THE PLAN, REDUCING THE DENSITY SO
THAT IT CAN BETTER REPRESENT THE CLUSTERING CONCEPT.
The motion carried, with Comms. DeWolf, Patterson, and Marsh voting
"aye," and Comms. James and Ross voting "nay."
2. The Board considered a preliminary subdivision
plat for Satulah Village West, the former Old Creek Lodge property on
NC-106. Mr. Pesterfield reviewed the plans in some detail, noting
that it had been revised by dropping three residential units, from 35
to 32. Again, all paving materials would be porous concrete, and
stormwater would be collected; the Town Engineer had reviewed the
plans, and he assumed that his recommendation relating to private roads
would stand on this subdivision as it had on the previous. Total
dedicated open space was about three acres out of the 7.3 acres, or
about 40%, consisting of a 0.77-acre central open area, 0.76 acres in
roadside areas, and 1.5 acres along the stream; OEI would own all of
the open spaces. He said that the OEI was also willing to
dedicate an easement for a future greenway trail along the stream.
Comm. Ross asked who would maintain the open areas. Mr.
Pesterfield said that the areas would be maintained by OEI. The
Town Administrator said that the Ordinance required that open areas be
either dedicated to the public or it should be specified on the final
plat who would own and maintain the areas. Comm. DeWolf said that
he did not think that much of a buffer was being left along NC-106; it
looked like no more than 15 feet, and it would have a negative
impression on the public. He pointed out that the Board had just
approved a project having a 40-foot buffer along the highway.
Comm. Ross suggested that measures be taken to preserve the existing
large trees on the property while infilling with other plants. He
said that he would have to vote to approve the plat in the absence of
any way to reduce the density. Comm. Marsh said that he did not
believe the plan was legal.
MOVED BY COMM. ROSS, SECONDED BY COMM. JAMES, TO APPROVE THE
SUBDIVISION PLAT. The motion failed to carry, with Comms. Ross
and James voting "aye," and Comms. Marsh, Patterson, and DeWolf voting
"nay."
3. Edna Foster was present from the Jackson Macon
Conservation Alliance, and she presented a resolution opposing the
proposed Interstate 3 (I-3), a road connecting Knoxville and Savannah
through the mountains of North Carolina and North Georgia.
Cynthia Strain also spoke in opposition to the proposal. A like
resolution had been adopted by Macon County and several other regional
counties. Comm. James said that he did not object to a feasibility
study.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND CARRIED TO ADOPT
THE FOLLOWING RESOLUTION. Comms. Marsh, Patterson. DeWolf, and
Ross voted "aye" and Comm. James voted "nay."
RESOLUTION OF THE TOWN OF HIGHLANDS
WHEREAS, Congress has appropriated $1.3
Million for a study to determine the need and feasibility of
constructing an interstate highway (hereinafter referred to as I-3)
from Savannah, Ga. to Knoxville, Tenn.; and
WHEREAS, I-3, if constructed would possibly traverse
through or near Macon County, North Carolina, where the Town of
Highlands is located; and
WHEREAS, neither the State of North Carolina nor any
County in Western North Carolina was consulted before hand on
legislation introduced in the US Congress by the Georgia Congressional
delegation regarding the placement of an interstate highway through the
Southern Appalachian mountains; and
WHEREAS, the beauty of our region is the main asset
that draws tourism, which feeds the economy of the Town of Highlands.
Therefore, the construction of a federal interstate highway through the
existing rugged terrain of Western North Carolina would have a
devastating environmental, economic, cultural, and aesthetic impact on
these mountains, including the Nantahala National Forest and Great
Smoky Mountains National Park; and
WHEREAS, this interstate highway has little support
from Highlands residents and their elected representatives at the
local, state, and federal levels, who prefer such monies be allocated
for the repair of existing highway infrastructure, including unsafe
bridges; and
WHEREAS, in support and solidarity with our
neighboring counties and towns in NE Georgia and western North Carolina
(including the Macon County Board of Commissioners), who have expressed
their clear opposition to this interstate highway;
NOW, THEREFORE, BE IT RESOLVED that the Board of
Commissioners of the Town of Highlands is respectfully opposed to a
federally-funded interstate corridor called I-3 (or any other name for
such a corridor).
4. Comm. Marsh had requested that the Board consider
constructing a sidewalk along Chestnut Street. The Board agreed
by consensus for the Public Works Committee to meet at the Performing
Arts Center at 6:30 p.m. on March 8 to discuss the sidewalk.
5. Lee Hodges was present; copies of a letter and
subdivision covenants for the subdivision in which she resided, Blue
Valley Estates, had been distributed with the agenda. She said
that she felt her subdivision complied with the same restrictions as
Cullasaja Club and Highlands Falls Country Club, and she requested that
the Board consider excluding the subdivision from the ETJ established
on November 16, 2005; she said that there may be other communities
making similar requests.
6. Copies of a three-year audit proposal had been
received from Martin-Starnes & Associates. The amounts for
the coming years were $18,750 for 2006, $19,300 for 2007, and $19,800
for 2008. The Town Administrator said the firm was doing an
excellent job and he recommended renewing the contract.
MOVED BY COMM. JAMES, SECONDED BY COMM MARSH, AND UNANIMOUSLY CARRIED
TO APPROVE THE THREE-YEAR AUDIT PROPOSAL.
7. Comm. James said that he thought the Board should
consider amending the Zoning Ordinance with respect to clustered
single-family dwellings in the B-3 district at a density of 6000 SF per
dwelling unit. The Board discussed this at some length.
Planning Board member Griffin Bell said that he felt the clustering
provision was not in compliance with State law, and he hoped the
amendment would be. Larry Gantenbein said that he agreed with the
memo prepared by the Town's attorneys verifying compliance with State
law; the Town Administrator said he also agreed. Comm. DeWolf
said he felt only incidental apartments should be permitted in B-3; the
district was not intended for single-family residential use.
MOVED BY COMM. JAMES, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO ASK THE PLANNING BOARD TO REVIEW AMENDING THE ZONING ORDINANCE TO
REQUIRE A DENSITY OF TWO PER ACRE FOR DETACHED SINGLE-FAMILY DWELLINGS
IN THE B-3 DISTRICT; THE DENSITY OF 6000 SF PER DWELLING UNIT FOR
INCIDENTAL APARTMENTS MAY REMAIN THE SAME.
8. MOVED BY COMM. PATTERSON, 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 POSSIBLE
LITIGATION, AND PURSUANT TO G. S. §143-318.11(A)(6) TO REVIEW AN
APPLICATION FOR EMPLOYMENT IN THE POLICE DEPARTMENT. All present
left the room except the Clerk, the Police Chief, and the Town Attorney.
A. The Board reviewed with the
Police Chief an application for employment for Patrol Officer from
Christopher Maskelony; the Chief and the Town Administrator recommended
a starting salary of 11-2 because he was already certified in the
intoxilyzer.
He also reported that he had learned that
Christopher Allen could obtain his Basic Law Enforcement Training in
Franklin at night school rather than going to Asheville on paid leave
as approved on January 4.
B. The Board consulted with the
Town Attorney on the possible pending litigation with the County
discussed at the previous meeting.
The Town Attorney also discussed with the Board ways
to improve the record created when the Town granted subdivision
variances.
MOVED BY COMM. JAMES, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO GO INTO OPEN SESSION. The door was opened to the
public, and Kim Lewicki came into the room. She asked about the
litigation with the County. The Town Attorney told her that a
Committee--consisting of Comms. Ross and Patterson, himself, County
Comms. Bryson and Simpson, and the County Attorney--had met
earlier in the day in an open meeting to discuss proportional
representation on the Planning Board and the Zoning Board, but had
failed to reach agreement on how many representatives were required by
Statute to be appointed. The Town had determined that the number
of representatives to be appointed to a five-member Zoning Board was
one, and to a seven-member Planning Board was two. He said he had
prepared a letter to the County Attorney detailing the Town's position
with respect to this issue and advising against a lawsuit; the Board
had reviewed it, and it would be finalized and delivered before the
weekend, with copies provided to the media.
9. MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH,
AND UNANIMOUSLY CARRIED TO EMPLOY CHRISTOPHER MASKELONY AS PATROL
OFFICER AT A BEGINNING SALARY OF 11-2 ($24,688).
VIII. MOVED BY COMM. JAMES AND UNANIMOUSLY CARRIED TO ADJOURN.
There being no further business to come before the Board, the meeting
was declared adjourned by the Mayor at 10:00 p.m.
________________________________
Richard Betz, Town Clerk