REGULAR BOARD MEETING of March 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, Lamar Nix, Selwyn Chalker, Bill Harrell, Erika Olvera, Sonjia Stewart, Kim Lewicki, Jim Lewicki, Linsey Wisdom, Rick Siegel, Bob Kieltyka, David Young, Luther Turner, Jack Bournemann, John Schiffli, Hunter Coleman, Pat Moore, Jeff Weller, Gary Drake, Mary Wheaton, Gary Nicholson, and 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 item No. 3 under New Business, the Mountain Environmental proposal for silt removal, would have to be deferred to a later date.

MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED TO APPROVE THE AGENDA AS AMENDED.


III. Approval of Minutes.

Copies of the minutes of the February 28 Regular Board Meeting had been distributed by mail.

MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY CARRIED TO APPROVE THE MINUTES AS DISTRIBUTED.


IV.    Public Comment Period.

Luther Turner, resident of Horse Cove, was present with a petition from 22 property owners in favor of the Town extending zoning regulations into the area.  He noted that businesses already operating in the area would be "grand-fathered" and said that he was worried about development in the future, which he and others would like to see limited to attractive homes.

Bob Kieltyka was also present and reminded the Board of the Chamber of Commerce retreat to which it was invited from 2:00 - 5:00 p.m. on March 28.  He also said that the Chamber's meetings were held the third Tuesday each month and welcomed Board members to attend.  He also reported that the Chamber was interested in starting up the "Ambassador" program again, consisting of placing representatives on the street during the busy time of year.

Gary Drake was present and expressed disappointment over the Highlands Playhouse deciding to move its antique show out of Highlands.  He felt that the Board had blinders on and had not approved something that would have been good for residents and business owners.  The Mayor pointed out that the event had been approved for this year.


V.    Reports.

1.    The Mayor reported that the Affordable Housing Committee was moving forward and hoped to have an interim report soon.

2.    Comm. Ross reported that local architect Sam Edgens with Dungan & Nequette Architects had expressed interest in making a proposal to the Board about the Town Hall project  By consensus, the Board agreed to meet at 6:00 p.m. on March 21 with Mr. Edgens.

The Town Administrator reported that the Public Works Committee had met earlier in the day with District Engineer Wesley Grindstaff and discussed Chestnut Street.  The Committee had recommended that a curb-and-gutter, five-foot grass strip, and five-foot sidewalk be installed along the south side of Chestnut Street to the property east of the Performing Arts Center.  Comm. James said he had had some second thoughts since the meeting; he suggested that a crosswalk be installed and the sidewalk re-located to the north side of the street at the crest of the hill.  The Board agreed to look at the street at 5:00 p.m. on March 8.  The Committee had also discussed the intersection at NC-28 and South Fourth Street, discussed at the previous meeting; Comm. James felt that the D.O.T. should administer this contract.  The District Engineer had also agreed to provide a cost estimate for a bicycle path along NC-106 that the Greenways Committee had been discussing with him, and to come to a community meeting in May or June for residents along Hickory Hill Road who were being asked to donate right-of-way for paving that road.

3.    Town Attorney Bill Coward was out of Town, but the Mayor reported that he and several Commissioners had received notices that they had been named witnesses in the upcoming Riverwalk case in the Office of Administrative Hearings in Asheville.

4.    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 reported that the recent compliance inspection of the Water Treatment Plant had recommended adding an additional employee to help with the increasing record-keeping; such an employee could be used at both the WTP and the Wastewater Treatment Plant.  He had been discussing this with the Town Administrator for some time, who said that he would be discussing it with the Finance Committee next month.  He also said that the report had recommended fencing all the water tanks and he would be obtaining estimates for that.

Comm. Ross said that he had discussed the possibility of the Town crew removing the asphalt, and if feasible the concrete, from the Pine Street Park property, provided permission was received from the intermediate property owner to do so.  Mr. Nix said March would be a good time for the Street Department to do this work; the asphalt could easily be removed and he had a place to take it, but the concrete might be more difficult.

MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED FOR THE TOWN TO REMOVE THE ASPHALT ON THE SITE AND LOOK INTO THE POSSIBILITY OF REMOVING THE CONCRETE, CONTINGENT UPON APPROVAL OF THE PROPERTY OWNER.

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 said that maintenance was continuing on Zachary Field, and he and Comm. DeWolf also reported that extensive damage to the roof sheathing had been discovered at the Civic Center.

7.    Each Board member had received a copy of the Interim Zoning Administrator's written report for the month, accompanied by minutes of the Planning Board meeting of February 26.

8.    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.

9.    The Town Administrator reported that estimates had been received from Sam Sprinkle for surveying the Town Hall property; the cost of providing a survey with one-foot contours would be $10,500, but could be reduced if the Town did not want to survey the area west of the Playhouse.

MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED TO PROCEED WITH THE SURVEY.

He also reported that at its last meeting the Planning Board had reviewed a conceptual plan for the Smathers/Rainwater Subdivision, submitted by Ray McPhail and Will Stolz at its February 26 meeting; a preliminary plat and variance request for road radius, grade, and shoulder would be heard at the March 26 meeting, and a public hearing had been requested for the Town Board meeting of April 4.  The Board agreed by consensus to set the public hearing.

He also reported that in commemoration of Arbor Day the Town's arborist, Matt Shuler, had arranged to plant several blight-resistant American Chestnut trees at the Recreation Park.


VI.    Old Business.

1.    The Board again reviewed the proposed ETJ map, which had been updated to reflect action through February 28; the only area left un-zoned were Horse Cove, Clear Creek, the Jones property, and an area north of Town.  The Town Administrator distributed copies of a survey submitted by Barry Jones which reflected his requested B-5 zoning on NC-106, as discussed at the January 24 meeting.

MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED TO DESIGNATE THE PORTION DESIGNATED ON THE SURVEY AS B-5, AND THE BALANCE OF THE PROPERTY R-1.

A map had also been prepared, as requested at the previous meeting. of a portion of property in the northern ETJ area originally recommended for R-2 zoning by the Planning Board.  The Board reviewed the map in some detail and identified properties which the consensus felt should be identified R-2, owned by Burt, Zachary, Manley, Jenkins, Allen, Baskin, Potts, Crowe, Dendy, Worley, Talley, and Meyer, these properties more accurately identified on the map.  The consensus was that the remaining unzoned property in this area be zoned R-1.

MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY CARRIED TO DESIGNATE THE FOREGOING AREAS R-2 AND R-1 AS IDENTIFIED ON THE MAP DISPLAYED AT THE MEETING.

2.    The Recreation Director had confirmed that the proposal provided at the February 7 meeting for mowing the Recreating Park and Town Ball Field from Zoellner Landscaping Inc., for $14,940, met the bid specifications.

MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY CARRIED TO ACCEPT THE PROPOSAL.


VII.    New Business.

1.    Each Board member had received a letter from the Highlands Chamber of Commerce as requested by the Board at a previous meeting, proposing that the Town amend its parking regulations; the proposal recommended eliminating the two-hour time restrictions, extending employee-restricted parking into the center of Main Street and other areas, and providing a limited number of passes for realtors.  Bob Kieltyka was present and he reviewed the proposal in some detail.  The Board had also received letters from Stephanie Nieuwendijk and David Young on this issue.  After considerable discussion the Board agreed to take the proposals received under advisement and defer this matter to the March 21 Board meeting.

2.    Pat Moore and Jeff Weller were present with a request from First Presbyterian Church for curb cuts and access from their property by means of a driveway from Fifth Street to Church Street in order to provided covered handicap parking.  The request was part of conceptual plans being developed for Phase III of the church's building program which would replace the current fellowship hall/educational building on Fifth Street.  The request would include landscaping and improving the Kelsey monument/time capsule in the right-of-way of Fifth Street; a continuous sidewalk connecting Main, Fifth, and Church Streets; and parking spaces along Fifth Street.  Two parking spaces would be lost with the proposal, and the other improvements would be requested at a later stage in the design process.

MOVED BY COMM. MARSH, SECONDED BY COMM. JAMES, AND UNANIMOUSLY CARRIED TO APPROVE THE REQUEST.

3.    MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G. S. §143-318.11(A)(6) TO CONSIDER AN APPLICATION FOR EMPLOYMENT.  All present left the meeting room except the Town Administrator, the Recreation Director, and Gary Nicholson.

    A.    The Recreation Director reviewed an application for employment for the night desk position from Michaela Marshall; he recommended she be employed at a salary of 8-1 ($21,394).

    B.    The Board discussed the Code Enforcement Official position with consultant Gary Nicholson.

MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED TO GO INTO OPEN SESSION.  The meeting room was opened to the public.

4.    MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED TO OFFER THE POSITION OF NIGHT DESK ATTENDANT TO MICHAELA MARSHALL AT A STARTING SALARY OF 8-1 ($21,394).


VIII. MOVED BY COMM. MARSH 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 9:30 p.m.



                         ________________________________
                        Richard Betz, Town Clerk