PUBLIC HEARING and REGULAR BOARD MEETING of May 7, 2008, with Mayor Don
Mullen and Comms. Amy Patterson, Hank Ross, Dennis DeWolf, Larry
Rogers, and John Dotson present.
Also present were Richard Betz, Bill Coward, Lamar Nix, Joe Cooley,
Josh Ward, Bill Harrell, Selwyn Chalker, Kim Lewicki, Jim Lewicki,
Melody Spurney, Eric NeSmith, Robert Smith, Alan Marsh, Tom Clark,
Alice Nelson, Ellen Westnedge, Bill Nellis, Bob Kieltyka, Ed Terry,
Danny Haines, Ron Masingale, 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 receive comments from the public on a proposed
amendment of Section 507.3 of the Zoning Ordinance, making increase of
seating in restaurants per Section 305 an administrative procedure not
subject to a Special Use Permit.
There were no comments from the public and he closed the 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. The Town
Administrator requested the addition of an item of New Business,
adoption of the amendment of the Zoning Ordinance pursuant to the
foregoing hearing, and deletion of paving bids. The Board also
agreed to add a personnel matter and discussion of acquisition of
property in the closed session already scheduled.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO APPROVE THE AGENDA AS AMENDED.
III. Approval of Minutes.
Copies of the minutes of the April 16 Regular Board Meeting had been
distributed by mail; one error was noted by Comm. Dotson.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO APPROVE THE MINUTES AS CORRECTED.,
IV. Public Comment Period.
The Mayor stated that this was the public comment period required by
law, and invited comments. There were no comments.
V. Reports.
1. The Mayor reported that the Affordable Housing
Task Force would be making a report to the Board at the June 4 meeting.
2. Comm. Ross reported that a Public Works Committee
meeting had been scheduled for April 30, but Comm. Rogers had not
attended. However, he had discussed several items with Town
Staff, including a request for a sidewalk along US-64 by the Fine Arts
Center, a sidewalk along Chestnut Street between Fifth and Sixth
Street, construction of a wall in front of Birney Roberts's house by
Tate Landscaping, sidewalks along Second and Third Street between Oak
and Main, the possibility of planting trees in some of the center
parking spaces on Main Street, and a stop sign at Oak and First.
It was reported that the D.O.T. might have funds to construct the Fine
Arts Center and Chestnut Street sidewalks if requested; the Mayor
suggested that the Board look at Chestnut Street again to be sure they
wanted to place a sidewalk there. Comm. Marsh spoke in favor of
such a sidewalk. Comm. Patterson asked the Board to remember that
additional impervious surfaces affected stormwater. Comm. Marsh
also discussed the County Subdivision Ordinance with the Board.
With respect to the Oak Street stop sign, it was agreed that one should
be installed, on recommendation of the Town Engineer. It was also
agreed by consensus that Tate should be requested to construct a wall
in front of the Roberts residence on Chestnut Street at Town expense.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO INSTALL A STOP SIGN ON FIRST STREET AT OAK STREET.
The Public Works Committee scheduled a meeting for Tuesday, May 13, at
8:00 a.m.
3. The Town Attorney was present to discuss several
items in Closed Session later in the meeting.
4. 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 an April 29 compliance inspection by
NCDENR at the Water Treatment Plant had gone well. He also
discussed again the need to re-located the power line serving Horse
Cove from Forest Service land to the Horse Cove Road, and said he had
discussed it with the USFS and D.O.T.; the project would greatly
improve maintenance of the line. Alice Nelson was present and
expressed concern over the cutting of trees.
MOVED BY COMM. ROGERS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO PROCEED WITH THE PROJECT.
5. 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.
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 the majority of the
fitness equipment had been installed, and that the Pine Street Park
Committee was reviewing conceptual plans. He also submitted a
list of proposed summer part-time employees.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY
CARRIED TO APPROVE THE EMPLOYEES.
Bob Kieltyka was present and said that he planned on attending the next
County Commissioners meeting to request approval of the annual Fourth
of July fireworks display, pursuant to a newly-discovered statute.
7. 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 attended a DWQ stormwater certification program and he had attended
a seminar on subdivision plat approval. He also said that RPO
Planner Ryan Sherby had been gathering data and working with Matt
Shuler on preliminary data for a parking study; D.O.T. assistance was a
possibility as well.
Comm. Ross noted that the minutes of the April 28 Joint Meeting with
the Planning Board had listed all of the Land Use Plan priorities; the
Board agreed by consensus to the priorities.
8. Each Board member had received a copy of the
Treasurer's Report for the month. The Treasurer reported that
payroll direct deposit was now in effect as a result of good work by
Sonjia Gibson.
MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO ACCEPT THE TREASURER'S REPORT.
9. Each Board member had received a copy of the Town
Administrator's written report for the month.
The Town Administrator also submitted his resignation, effective March
1, 2009. He said that he believed that period of time should
permit the completion of several projects which he had been managing
and adequate to find someone to fill his position. He said he
will have spent 26.2 years in his career with the Town and he expressed
appreciation for the honor of having served the community.
VI. Old Business.
1. Each Board member had received a copy of a
proposed Ordinance establishing the Town of Highlands as a Bird
Sanctuary, prepared by the Town Attorney and pursuant to a request from
the Audubon Society. The Board agreed by consensus that the
Ordinance should be placed in Chapter 9 of the Code and that the fine
for violations should be $100.00.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY
CARRIED TO ADOPT THE FOLLOWING ORDINANCE:
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AN ORDINANCE ESTABLISHING
THE TOWN OF HIGHLANDS AS A BIRD SANCTUARY
Section 9-6
ADOPTED MAY 7, 2008
WHEREAS, pursuant to N.C. Gen. Stat. 160A-188 a town may by ordinance
create and establish a bird sanctuary within the town limits; and
WHEREAS the Town Council for the Town of Highlands finds that it is
appropriate and in keeping with the natural heritage of the town that a
bird sanctuary within the town limits be created.
NOW, THEREFORE, BE IT ORDAINED by the Town Council for the Town of
Highlands, North Carolina as follows:
PART I.
Section 1. Established.
A bird sanctuary is hereby created and established within the corporate
boundaries of Highlands, to conform with the corporate boundaries
thereof.
Section 2. Hunting, etc., certain birds.
It shall be unlawful for any person to hunt, kill, trap or otherwise
take any protected birds within the town limits except pursuant to a
permit issued by the North Carolina Wildlife Resources Commission under
section 113-274(c)(1a) or under any other license or permit of the
Wildlife Resources Commission specifically made valid for use in taking
birds within city limits. It shall not be unlawful to hunt, kill, trap
or otherwise take any birds classified as pests under Article 22A of
Chapter 113 of the General Statutes and the Structural Pest Control Act
of North Carolina of 1955 or the North Carolina Pesticide Law of 1971.
Section 3. Penalty for violations.
Violation of this ordinance shall be a misdemeanor punishable by a fine
not exceeding $100.00 dollars.
PART II. This ordinance shall be in full force and effect from and
after the 7th day of May, 2008.
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2. Each Board member had received a proposed
municipal agreement, submitted by the D.O.T. District Engineer through
the Town Administrator, concerning the paving of Hickory Hill, Chowan,
and Cullasaja Drive. Town Attorney Bill Coward said he had
reviewed it and expressed some concern over paragraph 3, which
indicated that the Town would be responsible for the acquisition of
additional right-of-way; the Board agreed that the understanding with
D.O.T. had been that the paving would be done using existing
"maintenance" right-of-way.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO AUTHORIZE EXECUTION OF THE AGREEMENT PROVIDED THE CHANGE IS
MADE.
VII. New Business.
1. Robert Smith was present from the Recycling Task
Force, and he reviewed a written Interim Recycling Report dated April
29 that had been included in the agenda package. Mr. Smith
recommended that the Town provide a centrally-located convenience
center for recycling, that the Board appoint a standing committee to
continue work, and that a survey be conducted to determine citizen
support for recycling. The Mayor thanked him for the report and
urged the Board to read the report and begin work on the
recommendations.
2. Ed Terry, Danny Haines, and Ron Masingale were
present from BalsamWest FiberNET, and it was explained that they were
working on a project to bring high-speed fiber to Highlands School; it
could be expanded in future to serve others. The route coming
into Town from Cashiers would involve connecting to several poles along
US-64 and Sixth Street. The connection would place three poles
out of compliance, which they were willing to bear the cost of
replacing; but eleven other poles were already out of compliance, among
the many poles that should have been changed out at Town expense before
the inventory process was aborted by the McGavran contract. The
Town Administrator said that he, the Town Engineer, and GIS/IT
Supervisor Matt Shuler all agreed that the Town should bear the cost of
changing these eleven poles. Mr. Nix said that about 80% of all
clearance problems had been caused by the Town and its growth in the
past. The Town Administrator explained that Northland and Verizon
would in effect be paying, through revenue from their pole attachment
fees each year, for changing out the other poles.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED THAT THE TOWN PAY THE COST OF CHANGING OUT THE POLES THAT WERE
ALREADY OUT OF COMPLIANCE.
3. Tom Clark was present representing the Ravenel
Owners Association to request that one of the three stop signs at
Ravenel Ridge Road and Laurelwood Lane be removed. Comm. Dotson
said that he had no objection if the residents did not object.
After some discussion, the Board agreed to look at the site and place
this item on the agenda of the May 21 meeting.
4. A request had been received from Lloyd McCarthy,
Site Acquisition Specialist for Wireless Facilities Inc./Crossroads
Wireless, for lease of property owned by the Town between the EMS
building and the Fire Department for a proposed 80-foot camouflage
telecommunications tower resembling a flagpole and an adjacent
building, on a 28' X 28' piece of property; the lease amount proposed
was $400/month and the term was five years. Some concern was
expressed over possible limitation of expansion of the Fire Department
or EMS building, and after some discussion the Public Works Committee
agreed to view the site before the May 21 meeting.
5. On March 19, the President of the Board of
Trustees of Hudson Library had requested that the Zoning Ordinance be
amended to provide for a parking requirement of one space per 500 SF
for libraries, but the hearing had not been set.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO SET A PUBLIC HEARING FOR THIS PURPOSE ON JULY 2, 2008.
6. The Board discussed the amendment of the Zoning
Ordinance relating to restaurant parking, subject of a public hearing
earlier in the meeting.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY
CARRIED TO ADOPT THE FOLLOWING AMENDMENT:
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AMENDMENT OF ZONING ORDINANCE
SECTION 507.3
Add the following to Section 507.3:
"However, an application to increase the amount of seating in a
restaurant pursuant to Section 305 of the Ordinance shall not be
considered an amendment of a Special Use Permit, and shall not be
required to be processed under the provisions of Section 501."
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7. Pursuant to the conversation at the previous
meeting, Town Attorney Bill Coward briefed the Board on the procedure
for changing the form of government to Council-Manager. He read
from Municipal Government in North Carolina, published by the Institute
of Government, and explained that the first step would be adoption of a
resolution of intent. He urged the Board to review the Town
Charter. The Board then discussed the change at some
length. Comm. Patterson thought that Becky Veazey, the MAPS
consultant with whom the Board had been consulting, should be contacted
and asked to begin advertizing for the position. The Mayor said
that he had some reservations, and some employees had expressed concern
to him; he felt it would be good to better explain how the change would
affect them. It was agreed that the Town Attorney should work on
the resolution of intent and this item should be placed on the agenda
of the next meeting.
8. MOVED BY COMM. PATTERSON, SECONDED BY COMM.
ROGERS, AND UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO
G. S. §143-318.11(A), (3), (6) AND (5) TO DISCUSS PERSONNEL
MATTERS AND ACQUISITION OF PROPERTY, AND TO CONSULT WITH THE TOWN
ATTORNEY ON THE MCGAVRAN ENGINEERING CONTRACT, WYANOAK ROAD
RIGHT-OF-WAY, AND BOWERY ROAD LITIGATION. All present left the
room except the Town Administrator, the Town Attorney, the Town
Engineer, and the Police Chief.
A. The Board discussed secondary
employment for off-duty police officers with the Police chief.
B. The Board discussed acquisition
of property.
C. The Board consulted with the
Town Attorney on the McGavran Engineering Contract, Wyanoak Road
right-of-way, and Bowery Road litigation.
MOVED BY COMM. DOTSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO GO INTO OPEN SESSION. The room was opened to the
public and Eric NeSmith returned.
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 10:00 p.m.
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Richard Betz, Town Clerk