PUBLIC HEARING and REGULAR BOARD MEETING of November 5, 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, Joe Cooley, Bill Harrell, Todd Ensley, Richard Davis, Selwyn Chalker, Kim Lewicki, Jim Lewicki, Melody Spurney, Eric NeSmith, Sabrina Hawkins, Corbin Hawkins, Hillrie Quin, Jim Mullen, Janet Chester, Bob Kieltyka, David Meshberger, Elaine Johnson, Bryce Kokopoulos, Jack Bournemann, Thomas Young, and Alan Marsh.

A.   PUBLIC HEARING – AMENDMENT OF ZONING MAP.

1.   The Mayor called the first Public Hearing to order at 7:00 p.m. and stated that the purpose of the hearing was to receive comments on a petition for re-zoning from Thomas E. Young Jr., to change the designation of a 0.64-acre parcel at 369 Franklin Road from R-2 to B-4. 

The Town Administrator reported for the record that letters in opposition to the rezoning had been received from two neighboring property owners, J. H. Kinard and Richard A. Martorell Jr.; copies of the letter had been included in the agenda package.  He explained that the map attached to Mr. Martorell’s letter was inaccurate, however; the subject property was on the opposite wide of the road.  It was reported that the Planning Board had recommended approving this petition.

Thomas Young was present and produced information on the easement across the Kinard property.  Planning Director Joe Cooley said he had researched this, too, and the easement did not indicate whether it was for residential or commercial property.

There being no further comments the Mayor closed the public hearing.

2.   The Mayor called the next Public Hearing to order at 7:02 p.m. and stated that the purpose of the hearing was to receive comments on a petition for re-zoning from William C. Hawkins II, to change the designation of a 2.032-acre parcel at 2496 Dillard Road from R-4 ETJ to B-5 ETJ Mixed Use.  It was reported that the Planning Board had recommended denying this petition.

Sabrina Hawkins was present and explained that the property had been purchased as commercial before ETJ went into effect; she was not asking for anything other than what she already had.

There being no further comments the Mayor closed the public hearing.

B.   PUBLIC HEARING – AMENDMENT OF ZONING ORDINANCE.

The Mayor called the next public hearing to order at 7:05 p.m. and stated that the purpose of the hearing was to receive comments from the public on a proposed amendment of the Zoning ordinance, applying a maximum “built-upon” limit of fifty percent (50%) for lots meeting or exceeding the minimum lot size in Sections 209.5, 209A.5, 210.5, and 211.5.

There were no comments, and the Mayor closed the public hearing.

A.   REGULAR BOARD MEETING

I.   Call to Order.

The Mayor called the Regular Board Meeting to order at 7:06 p.m.

II.  Approval of Agenda.

Copies of the agenda had been distributed by mail.  The Town Administrator requested that a Closed Session be added under New Business to review applications for employment.

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

III. Approval of Minutes.

Copies of the minutes of the October 15 Regular Board Meeting had been distributed by mail.

MOVED BY COMM. ROSS, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED TO APPROVE THE MINUTES AS DISTRIBUTED.

Copies of the minutes of the October 22 Special 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.

1.   Bob Kieltyka thanked the Town departments for assistance with the Main Street trick-or-treat event the previous weekend.

2.   Hillrie Quin thanked the Town for the equipment purchased for the Greenways Committee, which had already been received.

3.   Janet Chester, real estate broker with Blackrock Realty Group LLC, provided information on Tug Wa Ridge, a large parcel of property for which the owner was asking $5,739,500; she thought it would be a good site for a Town Hall/ABC Store complex.

V.   Reports.

1.   The Mayor reported that the Board would be interviewing applicants for the Town Manager position at the Peggy Crosby Center at 11:00 a.m. and 1:00 p.m. on November 12 and at 9:00 a.m. and 11:00 a.m. on November 13.

He also publicly commended Betty Wong, who would be retiring and closing the House of Wong at the end of the year; it had been one of the premier businesses in Highlands for 37 years.

2.   Town Attorney Bill Coward said that he had been consulting with the County Attorney on an interlocal agreement legally authorizing the release of the $500,000 the County had budgeted for Recreation in Highlands.  Copies of the proposed agreement were distributed.

3.   Each Board member had received a copy of the Town Engineer/ Public Services Administrator’s report for the month.  Lamar Nix was on vacation, but the Town Administrator reported that Staff had held a pre-construction conference with DPI Inc. on the Harris Lake Sewer Project the previous week, and mobilization had already begun.  He also pointed out that Mr. Nix had prepared an estimated of $90,000 for the drainage and paving of Azalea Circle and Dogwood Drive.

4.   Each Board member had received a copy of the Police Chief's report for the month; Bill Harrell was present, and asked Officer Richard Davis to give a report.  Officer Davis then outlined the elements of a proposed Learning for Life/Boy Scout Explorer Post for Highlands in some detail.  The Town Administrator said he had reviewed the program with the Town’s insurance underwriter and there would be no problems provided Boy Scouts of America filed a certificate of general liability insurance and the program did not include marksmanship.  The Board approved the program by consensus.  The Town Administrator also reported that he was deferring the purchase of two vehicles in the Department, as well as some capital outlay in other departments, until the Spring of 2009 when more accurate revenue forecasts would be available.

5.   Each Board member had received a copy of the Recreation Director's written report for the month; Selwyn Chalker was present and reported that a recent informal survey had found that, in one week, the proportion of Town to County users of the Recreation park had been 33 to 88.  The Recreation Committee also agreed to meet at 6:00 p.m. on November 19.

6.   Each Board member had received a copy of the Town Planner/ Zoning Administrator's written report for the month; Joe Cooley was present and reported that Wilbur Smith had been working on the Unified Development Ordinance.

7.   Each Board member had received a copy of the Treasurer's Report for the month. 

MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED TO ACCEPT THE REPORT.

8.   The Town Administrator reported that Brian Stiehler, who had been appointed to the Zoning Board on October 15, had decided not to accept the appointment due to possible conflict of interest with his employment at Highlands Country Club.  The only other applicant for Zoning Board on file was Jim Tate.

MOVED BY COMM. DOTSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED TO APPOINT JIM TATE TO THE ZONING BOARD TO FILL BRIAN STIEHLER’S UNEXPIRED TERM.

VI.  Old Business. 

1.   Each Board member had reviewed proposed amendments of the Subdivision Ordinance drafted by an intern for the UNC Institute for the Environment program working with the Greenways Committee. Hillrie Quin presented the intern, Bryce Kokopoulos, who briefly reviewed the amendments.  Joe Cooley said he felt the Board should wait until the UDO had been completed before adopting the amendments; he also said he had some problems with them as drafted.  After some discussion it was agreed that they would be forwarded to the consultants working on the UDO.

Mr. Quin also requested that the Town Attorney look into the requirements for dedication of an easement for a Greenway, particularly continuing maintenance.  It was agreed that Mr. Quin would first check to see how other municipalities handled this.

2.   Comm. DeWolf asked the Board to consider again the proposal made at the previous meeting by David Wilkes, Chairman of the ABC Board, to lease a more visible property that would permit expansion of the ABC Store.  Nobody was present from the ABC Board, but Comm. Rogers said that he had talked to Mr. Wilkes and understood he wanted the Board’s blessings to lease another property.  The Board discussed whether such a blessing was legally necessary, but the question had not been researched.  The Town Administrator pointed out that leasing another property, rather than using the current ABC Store, would significantly reduce profit distribution to the Scholarship Endowment Fund;  Comm. Ross pointed out that Mr. Wilkes felt moving the store would increase profits.

MOVED BY COMM. DOTSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED TO APPROVE THE ABC BOARD NEGOTIATING A LEASE FOR A NEW LOCATION BASED IN FINAL APPROVAL BY THE TOWN BOARD IF FINAL APPROVAL IS NECESSARY.

VII. New Business.

1.   The Board considered the petition of re-zoning from Thomas E. Young, subject of a public hearing preceding the meeting.  Planning Director Joe Cooley pointed out that the building was non-conforming, and therefore any change to a commercial use would require a variance.  Comm. Dotson said that he had been doing research on the property and discovered that it was part of a 1948 subdivision called Brookside Park; he had not been able to locate the subdivision covenants, but was concerned that if the Board re-zoned the property, other property owners might object. The Town Administrator pointed out that the Town could not enforce private subdivision covenants, but Mr. Dotson felt that it could result in a potential civil lawsuit.  It was pointed out that the property had been zoned commercial in the past.  Comm. Patterson said she felt the Town needed to provide more opportunities for businesses in Highlands due to growth.  Comm. Rogers thought it should be commercial because it had been commercial in the past.

MOVED BY COMM. ROGERS, SECONDED BY COMM. PATTERSON, AND CARRIED TO APPROVE THE PETITIION FOR RE-ZONING, FROM R-2 TO B-4.  Comms. Rogers, Patterson, Ross, and DeWolf voted “aye;” Comm. Dotson voted “nay.”

2.   The Board then considered the petition for re-zoning from William Hawkins, subject of a public hearing preceding the meeting.  Comm. Patterson said she remembered that the Board had eliminated strip highway commercial development because of the visual impact on the corridors coming into Town, but pointed out that now the Town had buffer and landscaping requirements in place.  She also remembered that the property had been included with the ETJ residential zoning in the area and said the Board had gotten tired that night.  Comm. Ross also felt that, in fairness, it should be commercial since it had been purchased as commercial property.

MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY CARRIED TO APPROVE THE PETITION FOR RE-ZONING, FROM R-4 TO B-5.

3.   The Board then considered the proposed amendment of the Zoning Ordinance, subject of a public hearing preceding the meeting.  Joe Cooley said the Planning Board had felt that a limit of 50% permitted reasonable development of a lot while preventing someone from paving the entire lot.

MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED TO ADOPT THE AMENDMENT:

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Add the following to Section 209.5 Built-Upon Area (for WS-II-CA):

(D) all lots meeting or exceeding the minimum lot size, as defined by 209.3, shall not exceed a maximum of fifty percent (50%) built upon area, as defined by this Ordinance.

Add the following to Section 209A.5 Built-Upon Area (for WS-II-BW):

(D) all lots meeting or exceeding the minimum lot size, as defined by 209A.3, shall not exceed a maximum of fifty percent (50%) built upon area, as defined by this Ordinance.

Add the following to Section 210.5 Built-Upon Area (for WS-III-CA):

(D) all lots meeting or exceeding the minimum lot size, as defined by 210.3, shall not exceed a maximum of fifty percent (50%) built upon area, as defined by this Ordinance.

Add the following to Section 211.5 Built-Upon Area (for WS-III-BW):

(D) all lots meeting or exceeding the minimum lot size, as defined by 211.3, shall not exceed a maximum of fifty percent (50%) built upon area, as defined by this Ordinance.

*         *         *

4.   Elaine Johnson and David Meshberger were present with a petition from property owners living on Netsi Place, a private road in the same subdivision as Wyanoak Road.  Ms. Johnson said that 78% of the property owners wanted the Town to assume ownership of the road so that it could be paved and thus reduce silt in Mirror lake and eliminate a traffic hazard.  The petition was forwarded to the Town Attorney.

5.   Bob Kieltyka reported that the motoring festival in September had been a success, and the Chamber of Commerce wanted to schedule next year’s festival for September 12, 2009, in conjunction with the closing of Pine Street.

MOVED BY COMM. ROGERS, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED TO CLOSE PINE STREET FOR THE EVENT.

6.   MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G. S. '143-318.11(A)(6) TO REVIEW APPLICATIONS FOR EMPLOYMENT.  All present left the room except the Town Administrator, Town Attorney, Police Chief, and Police Captain.

          A.   Captain Todd Ensley said that he had reviewed an application for Police Auxiliary officer from Jennifer Leandro, and he and the Chief recommended employment.

          B.   The Town Administrator reported that Jimmy Baty had resigned from the Sanitation Department, and Sanitation Department Head Larry Holt had interviewed and recommended employment of Joshua Zajdowicz; he did not yet have a CDL but understood he would be required to do so within 90 days.

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

7.   MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED TO EMPLOY JENNIFER LEANDRO AS POLICE AUXILIARY AT A SALARY OF 9-1 ($24,540).

8.   MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED TO EMPLOY JOSHUA ZAJDOWICZ IN THE SANITAITON DEPARTMENT AT A SALARY OF 8-1 ($23,358), CONTINGENT ON SUCCESSFULLY OBTAINING A COMMERCIAL DRIVERS LICENSE WITHIN 90 DAYS, AT WHICH TIME HIS SALARY WILL BE INCREASED TO 9-1 ($24,540).

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 8:50 p.m.

                             ________________________________

                             Richard Betz, Town Clerk