SPECIAL BOARD MEETING of March 12, 2008, with Mayor Don Mullen and
Comms. Amy Patterson, Hank Ross, Larry Rogers, John Dotson, and Dennis
DeWolf present.
The Mayor called the meeting to order at 8:00 a.m. and stated that the
purpose of this special meeting was to continue to discuss personnel
matters in closed session.
THE BOARD AGREED BY CONSENSUS TO GO INTO CLOSED SESSION PURSUANT TO
G.S. §143-318.11(A)(6) TO DISCUSS PERSONNEL MATTERS.
The Board discussed personnel matters.
THE BOARD AGREED BY CONSENSUS TO GO INTO OPEN SESSION.
The Board agreed by consensus that the meeting be continued to
reconvene at 7:30 a.m. on March 19, 2008, at the Highlands Civic Center.
________________________________
Richard Betz, Town Clerk
REGULAR BOARD MEETING of March 12, 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, Ricky Bryson, Mike Bryson, Pat Taylor, Linda Clark, John
Shearl, Melody Spurney, Kim Lewicki, Jim Lewicki, Don Chandler, Ralph
Stephenson, Cynthia Strain, Bob Kieltyka, Jerry Moore, Janet Avery,
Stephanie Nieuwendyk, Mal Phillips, Carter Bruns, and others.
I. Call to Order.
The Mayor called the Regular Board Meeting to order at 7:00 p.m.
II. Approval of Agenda.
Copies of the agenda had been distributed by mail. The Town
Administrator requested addition of two items of new buinesses: a
resolution for the Highlands fire Department and a resolution for
Southwestern Commission.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY
CARRIED TO APPROVE THE AGENDA AS AMENDED.
III. Approval of Minutes.
Copies of the minutes of the February 27 Special Board Meeting and the
February 27 Regular 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.
The Mayor stated that this was the public comment period required by
law, and invited comments.
Ricky Bryson, member of the Planning Board and owner of Highlands
Outdoor Tool, spoke regarding the zoning amendment regulating outdoor
display of merchandize adopted on February 6. He felt the
Planning Board had looked carefully at the issue of outdoor display of
merchandise, and displays on private property looked good, were not
unlike those seen in many historic towns, and did not block
sidewalks. He asked the Board to consider rescinding the
amendment pending the joint meeting with the Planning Board scheduled
for March 24.
Jerry Moore, owner of Kilwins Chocolates & Ice Cream, said that he
and other merchants wanted the Town to look good, but wanted a
community with character, not a sterile downtown. With the short
season, merchants needed all the help they could get, and he encouraged
the Board to re-consider the amendment from the merchants' standpoint.
Bob Kieltyka, Executive Director of the Highlands Chamber of Commerce,
noted that Mr. Moore was the Public Affairs Chairman of the Chamber's
Board of Directors, and his comments reflected the viewpoint of the
Chamber Board.
Cynthia Strain said that she would be on the agenda of the next meeting
requesting an arts and crafts show at Pine Street Park on Memorial Day
weekend; she felt that it, too, added character to the Town and had
overwhelming support.
Stephanie Nieuwendyk, owner of Dutchman Design, felt that the Board
should find a happy median on outdoor display; she did not feel that it
hurt the appearance of Main Street if done well.
Janet Avery, owner of Little Flower Shoppe, felt that outdoor displays
added charm, quaintness, and beauty; if she could not continue to
display in her private courtyard on Main Street, the Board might as
well shut her down. She also said she had spend nearly $20,000 on
merchandise that she had intended to display outside her business this
season
Mal Phillips, owner of Twigs at Highlands Edge, said that merchants
were faced with a question mark about economic conditions; he said he
and others had worked hard to create an appearance consistent with a
quality group of retail stores.
Mike Bryson, member of the Planning Board, said the Planning Board had
put a lot of thought into its recommendation, which had been for the
most part ignored; he thought there were a lot of beautiful displays
and the Board needed to revisit the issue. He also said that his
Board had put a lot of time into the restaurant parking issue, and
noted that there were fewer restaurants now than when parking
regulations went into effect. He thought the Board needed to let
businesses in the downtown area do business and use parking.
There were no further comments.
V. Reports.
1. The Mayor reported that the revised D.O.T.
estimate for paving Hickory Hill Road, Chowan Drive, and Cullasaja
Drive was $520,000; Senator Snow had already requested the additional
funds. He also reported that Town officials had met with the
Army Corps of Engineers on March 11 concerning sedimentation in Big
Creek; they now had authority to address the problem, but no funds, and
he had contacted Rep. Health Shuler's office to see if funding was
available.
2. Comm. Ross reported that the Land Use Committee
had met on March 10 to consider a Zoning Ordinance parking amendment
and a Stormwater Ordinance; the former was on the agenda later in the
meeting.
Comm. Rogers said that he had noticed the sidewalk along Hickory Street
at the Simmerson project would be eliminating needed parking spaces
across from the ball park. Comm. Ross agreed, and the Board
agreed by consensus to request that the work be stopped pending review.
3. Each Board member had received copies of the Town
Engineer/
Public Service Administrator's report for the month. Lamar Nix
was present and reported that DENR had inspected the SBA sewer
collection system; everything requested by the Town for acceptance of
the system had been completed, but DENR recommended ensuring that there
were adequate easements, clearing the easements, and exposing
manholes. He expected that the Town would hear from SBA soon when
the items had been addressed. He also said that he would be
meeting with the U. S. Forest Service to see if the power line serving
Horse Cove, which had recently been damaged by theft of copper wire,
could be relocated along the road instead of through the woods.
4. Each Board member had received a copy of the
Police Chief's report for the month; Chief 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. He also said that he had received a
request from the Macon-Jackson Conservation Alliance concerning a
conservation expo scheduled for August 2 at the Highlands Civic Center
which included a small tailgate market selling organic produce.
Comm. Patterson felt the request should be considered later in the
meeting when Civic Center policy was being discussed.
6. 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 said that Mr. Ward
had been spending time in the field on code enforcement, including the
junk car ordinance. Planning Board minutes for the February 11
and February 25 meeting had been attached to the report. The
Board had approved a subdivision under the lot size exception in order
to increase the size of previously platted or recorded lots, and had
also recommended approval of the final plat for Phase III of Riverwalk
Subdivision, which was on the agenda later in the meeting.
7. Each Board member had received a copy of the
Treasurer's Report for the month.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY
CARRIED TO ACCEPT THE TREASURER'S REPORT.
8. Each Board member had received a copy of the Town
Administrator's written report for the month. He updated the
Board on the Harris Lake Sewer Project, the County Transfer Station,
and information technology improvements. He also reminded the
Board of the upcoming joint dinner meeting with the County Board on
March 18, and the Chamber of Commerce governmental retreat on March
19. Letters were also distributed from Paul Thompson, calling for
a moratorium on the construction of security gates, and from the Fine
Art Center, requesting extension of a pedestrian sidewalk. The
Board agreed by consensus to consider the sidewalk extension in the FY
08-09 budget.
The Town Administrator also reported that the D.O.T. had recently
opened US-64 to the new, longer 53-foot tractor trailers; the Asheville
Citizen had written an editorial in opposition, and he understood that
the County Board was also writing letters in opposition. Board
members noted that there were many accidents on the road and that
trucks cannot negotiate the road without being left-of-center. By
consensus, the Board authorized a resolution opposing the opening of
roads to these vehicles.
VI. Old Business.
1. The Mayor thanked the public who had made comments
earlier in the meeting on outdoor display of merchandise, and suggested
that the Board consider the comments at the Special Joint Meeting with
the Planning Board on March 24; the Board agreed by consensus.
VII. New Business.
1. Sealed bids had been requested pursuant to order
of the Superior Court for unclaimed property recovered from a series of
breaking and entering incidents last year, and were opened:
● Greg A. Peters $2l0.00
● Pat Parker 150.00
● John & Sandra Fowler 461.00
● Nancy Hart 333.00
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO ACCEPT THE HIGH BID.
2. The Board considered an amendment of the Zoning
Ordinance addressing parking credits. The Board had agreed on
December 5, 2007, to ask the Planning Board to look at both dual use
and adjacent public parking, and a first draft providing for both types
of credit had been reviewed by the Planning Board and mailed out with
the agenda. Comm. Ross reported that the Land Use Committee had
reviewed the proposal at its March 10 meeting in some detail and had
been concerned about some of the unintended consequences of dual use
parking; that proposal could permit buildings to expand into existing
parking lots, which seemed contrary to the goal of limiting impervious
surfaces. Mr. Cooley had also done some extensive research and
created a matrix showing different parking scenarios, and based on that
they had recommended a more conservative approach in a second draft -
included in the agenda package - which only gave credit for adjacent
parking, and only for restaurants; the Committee felt that restaurants
were peak-oriented and it was reasonable to look at them differently
from other businesses, and it was also pointed out that use of adjacent
parking eliminated a safety problem of crossing streets. Comm.
DeWolf said he felt it was important to move forward with a parking
study, and asked whether such an amendment might be approved for only
six to eight months pending such a study. The Town Clerk noted
that the earliest a public hearing could be scheduled would be April
16. Linda Clark, member of the Planning Board, asked which
amendment would be advertized, the first draft or the second; she felt
the second draft did little to address the problem. Comm. Ross
said the Committee had not intended to give the appearance of
railroading anything. Mr. Cooley further explained the rationale
of both proposals. Carter Bruns, owner of Wild Thyme Restaurant,
noted that the Catholic Church had agreed for him to use their parking
lot for dual use since it was empty except on Sundays; he did not see
any downside. Comm. Patterson pointed out although the parking
lot was provided customers could still use public parking. After
additional discussion, the Mayor suggested that the Board discuss the
proposals at the Special Meeting scheduled for March 24 with the
Planning Board; a public hearing could still be set at that meeting for
either proposal for April 16.
3. The Board discussed in some detail a proposed
Parks and Recreation Use Policy for the Highlands Civic Center and Pine
Street Park, drafted by the Town Administrator and reviewed by the
Recreation Committee on February 13. Comm. Patterson felt that
the issue in approving Cynthia Strain's upcoming request for a crafts
fair would be deciding what is commercial use; the policy as drafted
permitted events having a commercial aspect only if they were
fund-raising events for local non-profit organizations. Jerry
Moore asked why the Board could not make decisions on a case-by-case
basis, and Ms. Strain agreed. The Mayor said the Board needed to
consider the matter of setting precedents; he also said that he felt
art shows benefitted the entire community. Comm. Ross said he
thought the Town had the legal authority to make distinctions in
setting policy. Comm. DeWolf said that one distinction in the
past had been whether the show was organized by a promoter, or
organized locally and voluntarily; Planning Board member Pat Taylor
agreed. Comm. Dotson wondered if the number of events, and the
application time before events, could be addressed. Bob Kieltyka
pointed out that annual events approved by the Board, locked in around
certain dates, would tend to eliminate a lot of events. The Town
Administrator suggested adding the following sentence after the General
Policy Statement: "Crafts fairs, antique shows, or similar events
organized by residents of Macon County may be approved on a
case-by-case basis by the Board of Commissioners." The Board also
agreed to add an application deadline and made several minor changes.
MOVED BY COMM. ROSS, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED
TO APPROVE THE POLICY, SUBJECT TO THE CHANGES MADE AT THE MEETING AND
REVIEW BY THE TOWN ATTORNEY.
4. John Shearl was present and thanked the Town for
its help with Zachary Field. He pointed out that parking was
still a problem, however, and asked if gravel could be applied to the
field in the rear of the property for additional parking. He also
expressed concern over the sidewalk on Hickory Street discussed earlier
in the meeting and storage of building materials for the project in the
right-of-way.
5. Sealed informal bids had been requested for
several surplus vehicles: a 1994 Ford F-250 service truck, a 1997
Tennant street sweeper, and a 1992 Ford club van. Only one bid
had been received, for the van, and it was opened at the meeting; the
bid was for $1,000, from Matt Shuler.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO SELL THE 1992 FORD CLUB VAN TO MATT SHULER. The Board
authorized the Public Services Administrator to dispose of the other
vehicles.
6. Each Board member had received a memo from the
Budget Director concerning upcoming requests to Macon County, Jackson
County, and the Chamber of Commerce. The recommendation for Macon
County was to ask the County to consider a long-term commitment for the
annual $500,000 in recreation funding, since the current agreement was
scheduled to expire on June 30, 2008. Comm. Ross felt that the
Town also needed to respond to County inquiries last year about taking
over Town recreation facilities. It was agreed that these issues
should be discussed informally at the joint dinner meeting on March 18,
and placed on the agenda again for March 19.
7. Joe Cooley had reported earlier in the meeting
that the Planning Board had recommended approval of the final plat for
Phase III of Riverwalk Subdivision; all of the infrastructure for the
subdivision had been approved by the Town Engineer.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO APPROVE THE FINAL PLAT.
8. The Town Administrator reported that, due to an
upcoming inpsection of the Highlands Fire Department by the Department
of Insurance, a resolution was required to be adopted confirming that
the Department was an agency of the Town.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO ADOPT THE RESOLUTION.
9. The Town Administrator reported that Southwestern
Commission had contacted him and reported that the Memorandum of
Understanding between the counties and the Regional Planning
Organization (RPO) had been amended in order to be current with the
North Carolina Open Meetings laws. Once it was amended, all
counties and municipalities had to rejoin the RPO by resolution or
Municipal Statement of Adoption.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO APPROVE THE MUNICIPAL STATEMENT OF ADOPTION.
VIII. MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, 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