REGULAR BOARD MEETING of May 16, 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, Josh Ward, Sonjia Stewart,
Kim Lewicki, Eric NeSmith, Sabrina Hawkins, Cynthia Strain, 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 Cynthia Strain had asked to be added to the agenda for
permission to close Oak Street.
MOVED BY COMM. MARSH, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO APPROVE THE AGENDA AS AMENDED.
III. Approval of Minutes.
Copies of the minutes of the May 2 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. Reports.
1. The Mayor reported that he had met earlier in the
day with D.O.T. Division Engineer Joel Setzer and D.O.T. officials
Reuben Moore and Brian Burch concerning funds for a bicycle path,
sidewalk, or multi-use path along NC-106; the DOT would be developing
costs on the project. They had also discussed other options for
paving Hickory Hill Road.
2. Comm. Marsh said that he had checked references
for McGavran Engineering and he felt the Town should proceed with the
proposal for conducting a pole inventory and negotiating contracts with
Verizon and Northland, as outlined at the previous meeting. Comm.
Patterson thought it sounded like a good idea and would free up time
for Town staff. The Mayor asked the Town Engineer about the
proposal, and Lamar Nix reported that Town staff could re-visit the 25%
of poles already changed and finish the rest of the system inventory by
September 13; the man-hour cost would be $26,000. He also said
that Matt Shuler was scheduled to meet with Bill Spivey from Verizon on
Monday to discuss addressing all of their pole attachments. Comm.
James agreed that the Town should proceed, although Town staff could do
the job. The cost would be $25,000 for the inventory and between
$10,000 and $20,000 to negotiate with Verizon and Northland.
MOVED BY COMM. MARSH, SECONDED BY COMM. JAMES, AND CARRIED TO ACCEPT
THE MCGAVRAN ENGINEERING PROPOSAL TO CONDUCT THE POLE INVENTORY AND
NEGOTIATE CONTRACTS WITH NORTHLAND AND VERIZON.
Comms. Marsh, James, DeWolf, and Patterson voted "aye;" Comm. Ross
voted "nay."
Comm. James asked about the timetable for the Highlands C & D
Landfill; apparently a scheduled meeting between the Board and the
County Commissioners had been cancelled, and a decision needed to be
made soon. He felt the County should bear the cost and suggested
that Board members contact the Commissioners and feel them out about
support for County funding. The cost for providing a transfer
station would be an additional $475,00 for the planned $1,164,000 in
improvements.
3. The Town Administrator had distributed a copy of a
letter from the Appearance Commission requesting that the Town consider
regulating the construction of commercial fences. Comm. Marsh
felt that residential fences should be regulated as well, perhaps
through a simpler permitting process.
MOVED BY COMM. JAMES, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO REFER THIS PROPOSAL TO THE PLANNING BOARD.
He also reported that Richard Oliver had requested a three-part
subdivision variance for the proposed South Slope Subdivision.
The Board agreed by consensus to schedule the public hearing for the
variance on June 6.
V. Old Business.
1. The Board again considered proposed amendments of
the Zoning and Subdivision Ordinance to clarify clustering. The
Town Administrator reported that the two minor changes suggested at the
previous meeting had been forwarded to the Town Attorney for review and
he had approved.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO ADOPT THE AMENDMENTS.
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1. Delete sentence in Section 209.3 of the Zoning
Ordinance that reads, "except within an approved cluster development
per Section 209.4 of this Ordinance," and replace with "except within a
cluster development pursuant to Section 409.3 of the Subdivision
Regulations of the Town of Highlands."
2. Delete Section 209.4.
3. Delete sentence in Section 209A.3 that reads,
"except within an approved cluster development per Section 209A.4 of
this Ordinance," and replace with "except within a cluster development
pursuant to Section 409.3 of the Subdivision Regulations of the Town of
Highlands."
4. Delete Section 209A.4.
5. Delete sentence in Section 210.3 that reads,
"except within an approved cluster development per Section 210.4 of
this Ordinance, " and replace with "except within a cluster
development pursuant to Section 409.3 of the Subdivision Regulations of
the Town of Highlands."
6. Delete Section 210.4.
7. Delete sentence in Section 211.3 that reads,
"except within an approved cluster development per Section 211.4 of
this Ordinance," and replace with "except within a cluster development
pursuant to Section 409.3 of the Subdivision Regulations of the Town of
Highlands."
8. Delete Section 211.4
9. Delete definition of Cluster Development in
Section 1002 and replace with the following: "Cluster
Development. A development pattern defined in the Subdivision
Regulations of the Town of Highlands."
10. Add to Section 201.5, 202.5, 203.5, 214.5, and
215.5 the following: "except within a cluster development pursuant to
Section 409.3 of the Subdivision Regulations of the Town of Highlands."
11. Add to Sections 201.6, 202.6, 203.6, 214.6, and
215.6 the following paragraph:
"The building setbacks in an approved cluster development pursuant to
Section 409.3 of the Subdivision Regulations of the Town of Highlands
shall be not less than five (5) feet from the property line of another
lot in said cluster development, and not less than one hundred (100)
feet from the right-of-way of any street other than a street in the
cluster development."
12. Replace the current Section 409.3 of the
Subdivision Ordinance with the following:
409.3 Lot size exception in order
to cluster development.
(A) Definitions:
"Clustering" means a development pattern and
technique whereby structures or building sites are arranged in close
proximity to one another in non-linear groups, adjacent to permanently
preserved common open space, so as to accomplish the following goals:
(1) to make efficient and
visually aesthetic use of the natural features of the landscape;
(2) to maximize visualization of
permanently preserved open space;
(3) to preserve natural
vegetation and ecosystems.
(4) to provide recreation areas;
(5) to provide scenic vistas;
(6) to create diversity and
originality in subdivision design, meaning lots, streets and parking
areas of non-uniform size, shape, or arrangement
"Common open space" means a portion of a development
site that is permanently set aside for public or private use, is held
in common ownership by all individual owners within a development, and
restricted from development as provided herein. Common open space
may include wetlands, upland recreational area, wildlife areas,
historic sites, and areas unsuitable for development in their natural
state. Common open space shall not be construed to mean the space
between buildings, or the area within twenty-five (25) feet around each
structure or any impervious surface.
(B) Property may be subdivided
without respect to the minimum lot size required by the Zoning
Ordinance for the purpose of clustering development, as defined herein.
(C) Building setbacks on
lots in a cluster subdivision shall conform to the Zoning
Ordinance. Minimum lot width and lot size shall not apply, except
that the total number of clustered lots in the subdivision shall not
exceed the total number of lots allowed for single-family detached
development in either the underlying Zoning District or the Watershed
Overlay District, whichever is more restrictive.
(D) Common open space
created by the cluster development shall comprise at least
fifty-percent (50%) of the total property to be subdivided, and shall
be located as much as the natural terrain permits in one contiguous
area. Common open space may not contain any structures unless
explicitly approved by the Board of Commissioners. Common open
space may be dedicated to public or private use:
(1) If
common open space is dedicated to public use--such as to the Town of
Highlands, the State of North Carolina, or any other public entity--it
shall be made available to and accessible to the public. The
approval of a cluster subdivision plat does not constitute or effect
the acceptance by the Town or the public of the dedication of any open
space, and shall not be construed to do so. The Board of
Commissioners may, however, in its discretion, and by separate
resolution, explicitly accept any such dedication, and may also accept
the responsibility to maintain such open space.
(2) If
common open space is dedicated to private use, an agreement shall be
prepared, and recorded with the final plat, specifying the ownership
and responsibility for maintenance of the open space. Provisions
for the perpetual ownership and maintenance of common open space may be
accomplished by an agreement with a property owners' association or a
land trust, or by other method or means approved by resolution of the
Board of Commissioners.
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VII. New Business.
1. Nomination forms had been distributed at the
previous meeting and tabulated for various Board and Committee
appointments.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO RE-APPOINT BILL RETHORST, APPOINT ALAN FREDERICK (CURRENTLY
SERVING AS ALTERNATE MEMBER), AND APPOINT ALLAN JAMES TO THE ZONING
BOARD AS REGULAR MEMBERS.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO APPOINT DAVE ROHRER AS ALTERNATE MEMBER TO FILL ALAN FREDERICK'S
UNEXPIRED TERM.
MOVED BY COMM. MARSH, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO RE-APPOINT GRIFFIN BELL AND PAT TAYLOR AND TO APPOINT LINDA CLARK TO
THE PLANNING BOARD.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND CARRIED TO
REMOVE DOUG CAMPBELL AND TO APPOINT THOMAS CRAIG TO FILL HIS UNEXPIRED
TERM ON THE PLANNING BOARD. Comms. Marsh, Patterson, DeWolf, and
Ross voted "aye;" Comm. James voted "nay."
Comm. James disagreed with the decision; he felt Mr. Campbell should be
permitted to serve his term and he did not remember the Board ever
removing anyone from a Board before his term had expired. Comm.
Marsh felt that it was important that a representative from the ETJ
serve on the Planning Board; Mr. Campbell lived neither in Town nor in
the ETJ. Comm. Patterson felt that now that the Town had extended
ETJ there was no reason not to re-align the Planning Board so that it
was represented by someone who lived in the area.
MOVED BY COMM. ROSS, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO RE-APPOINT THOMAS CRAIG, PAT TAYLOR, AND MARC PITTMAN TO THE
APPEARANCE COMMISSION.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND UNANIMOUSLY
CARRIED TO RE-APPOINT LARRY ROGERS TO THE ABC BOARD.
MOVED BY COMM. ROSS, SECONDED BY COMM. JAMES, AND UNANIMOUSLY CARRIED
TO RE-APPOINT SUSIE SCHIFFLI TO THE SCHOLARSHIP COMMITTEE.
MOVED BY COMM. ROSS, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO RE-APPOINT WANDA DRAKE, CHRISTY KELLY, AND SANDY COPPAGE TO THE
ADVISORY COMMITTEE FOR THE SCHOLARSHIP ENDOWMENT FUND, AND TO APPOINT
TERRY BRADLEY AND RICHARD JOEL TO FILL UNEXPIRED TERMS.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO RE-APPOINT JACK MAYER TO THE CEMETERY COMMITTEE.
2. A petition for re-zoning for a 2.032-acre tract on
NC-106 had been received from William Hawkins.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY
CARRIED TO REFER THE PETITION TO THE PLANNING BOARD FOR A
RECOMMENDATION.
3. The Board then reviewed preliminary notes on the
FY 07-08 budget with the Town Treasurer in some detail.
The Board agreed by consensus to call a Special Meeting for 7:00 p.m.
June 13 for a budget work session.
4. Cynthia Strain was present with a request for
permission to close the eastern portion of Oak Street Alley for an arts
and crafts show scheduled for May 25 and 26, as well as several parking
spaces along Fifth Street; the show had originally been scheduled for
the Pine Street Park but that property had just been seeded and mulched
and was not ready for use. Comm. Patterson said she thought
crafts shows had required a Special Use Permit for the past 20 years,
and the Town Administrator confirmed that this was so but that there
would not be time for the application to be submitted.
MOVED BY COMM. ROSS, SECONDED BY COMM. DEWOLF, AND CARRIED TO GRANT
PERMISSION TO CLOSE OAK STREET AND USE FIFTH STREET FOR THE SHOW FOR
ONE TIME ONLY. Comms. Ross, DeWolf, and Patterson voted "aye,"
and Comms. James and Marsh voted "nay."
Ms. Strain was informed that the approval was for this single event and
future shows would require issuance of a Special Use Permit.
5. MOVED BY COMM. MARSH, SECONDED BY COMM. JAMES, AND
UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G. S.
§143-318.11(A)(6) TO CONSIDER PERSONNEL MATTERS. The Board
then adjourned to the adjoining room with the Town Administrator.
The Board discussed an applicant for the Planning
Director position and the School Resource Officer.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO GO INTO OPEN SESSION.
6. The Board agreed by consensus to withdraw its
request for funding for the School Resource Officer position.
VIII. The Board agreed by consensus to adjourn.
There being no further business to come before the Board, the meeting
was declared by the Mayor to be adjourned at 9:00 p.m.
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Richard Betz, Town Clerk