PUBLIC HEARING and REGULAR BOARD MEETING of October 1, 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, Selwyn Chalker, Bill Coward, Kim Lewicki, Melody Spurney, Eric NeSmith, Buck Trott, Alice Nelson, Paul Chmar, Sabrina Hawkins, Hillrie Quin, Bill Wilder, Linsey Wisdom, and Alan Marsh.

A.        PUBLIC HEARING.

The Mayor called the 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 annexation from Jennifer Hays, Chauncey Mellor, Richard Moyer, Thomas Mulvey, Stella Tsai, and Phillip Whitaker, sole owners of real property in Section 5 of Satulah Ridge Subdivision, pursuant to a petition for annexation dated August 20, 2008.

There being no comments the Mayor closed the public 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.

MOVED BY COMM. DEWOLF, SECONDED BY COMM. DOTSON, AND UNANIMOUSLY CARRIED TO APPROVE THE AGENDA AS DISTRIBUTED.

III. Approval of Minutes.

Copies of the minutes of the September 17 Regular Board Meeting had been distributed by mail.

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

IV.       Public Comment Period.

Buck Trott was present and thanked the Board, on behalf of the Mirror Lake Improvement Association, for supporting the paving of Cullasaja Drive, Hickory Hill Road, and Chowan Road, which was now underway.

V.        Reports.

1.         The Mayor reported that Town officials had met with the Scholarship Endowment Fund Committee and discussed the recent golf tournament, which raised $31,000 for the Fund; Cullasaja Club had announced that it would host the event again next year.

2.         Each Board member had received a copy of the Town Engineer/ Public Services Administrator’s report for the month.  Lamar Nix was present and reported that work would begin soon on Phase II of the Cemetery clearing project.  He also said that the surveys of Dogwood Drive and Azalea Circle had been completed, and he had met with the Town Attorney to discuss the type of right-of-way instrument that would be needed to proceed with paving the road. He hoped to have a paving estimate soon. 

3.         Each Board member had received a copy of the Police Chief's report for the month; Bill Harrell was present.

4.         Each Board member had received a copy of the Recreation Director's written report for the month; Selwyn Chalker was present and reported that the Antique Show appeared to have been well-attended. 

Each Board member also received a copy of a letter from Elaine Whitehurst, President of the Performing Arts Center Inc.  The letter said that the PAC had received requests for use of the facility for private functions, meetings, and educational events; the lease, however, specified that the facility be used “solely as a performing arts center,” and she wondered if the Town could amend the lease or execute a letter of understanding permitting such functions.  Comm. DeWolf said he had no problem with the request; Comm. Patterson agreed, pointing out that it would provide an additional option for community functions.  Comm. Ross pointed out that these functions were similar to those held in the Community Building.  The Town Attorney agreed to review the lease, which expires on April 3, 2010.

MOVED BY COMM. ROGERS, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED TO PERMIT THE PERFORMING ARTS CENTER TO BE USED FOR OTHER COMMUNTY FUNCTIONS AS REQUESTED.

5.         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, and reported that meetings had been scheduled with Wilbur Smith to kick off the parking study and the Unified Development Ordinance.

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

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

7.         The Town Administrator confirmed that an informal joint dinner meeting with the County Commissioner and the Town of Franklin Aldermen had been scheduled for 6:00 p.m. on October 21 at the Fireside Restaurant in Highlands.

VI.       Old Business.  None.

VII.     New Business.

1.         The Town Attorney reported that he had met with County Attorney Leslie Moxley and discussed a longer term for the agreement providing for Recreation funding in Highlands; the longer the term, the more speculative the costs, and they had both agreed to discuss it with their respective Boards.  After some discussion, the Board agreed to discuss the agreement with the County Board at the October 21 informal dinner meeting.  The Town Administrator agreed to provide information on the projected increase in expenses for Recreation in FY 09-10.

2.         The following bids on the Harris Lake Sewer Project had been received on September 24:

• Buckeye Construction Company Inc. – $2,388,483.00

• Terry Brothers Construction Company Inc. – $2,428,135.36

• DPI Construction Inc. – $1,878,494.62

• Stillwell Enterprises Inc. – $2,545,458.80

The Town Engineer reported that he had checked references and recommended awarding the contract to the low bidder.

MOVED BY COMM. ROSS, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED TO AWARD THE CONTRACT TO DPI CONSTRUCTION INC.

3.         An Annexation Ordinance had been prepared by the Town Administrator and reviewed by the Town Attorney for the six property owners who had submitted a petition for annexation, subject of a public hearing immediately preceding the meeting.  The petitioners had also submitted signed statements, pursuant to Section 3 of the Ordinance, declaring that they had not established vested under G. S. §160A-385.1.  Comm. Dotson expressed some concern that three other lots in the subdivision which were also outside the corporate limits had not participated in the petition; the Town Administrator said that they had been contacted but had declined to participate.

MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS, AND CARRIED TO ANNEX THE PROPERTY PURSUANT TO THE PETITION AND TO THE FOLLOWING ORDINANCE.  Comms. DeWolf, Ross, Patterson, and Rogers voted “aye,” and Comm. Dotson voted “nay.”

*         *         *

ANNEXATION ORDINANCE

WHEREAS, the Town of Highlands has received a petition under G. S. §160A-31 from Jennifer Hays, Chauncey Mellor, Richard Moyer, Thomas Mulvey, Stella Tsai, and Phillip Whitaker, sole owners of real property in  Section 5 of Satulah Ridge Subdivision, as described in petition for annexation dated August 20, 2008, and said property being contiguous to the existing corporate limits of the Town of Highlands, and asking that the property be annexed and incorporated within the Town limits upon and after the effective date of this Ordinance; and,

WHEREAS, the Town Clerk has certified to the Board of Commissioners the sufficiency of said petitions; and

WHEREAS, notice of a public hearing was published in The Highlander newspaper on August 28, 2008, which publication was more than ten days prior to the date of the public hearing; and

WHEREAS, a public hearing was held on October 1, 2008, at 7:00 p.m. in the Conference Room of the Town Hall at 210 North Fourth Street in Highlands, North Carolina, on the question of this annexation, and at the hearing all persons who might allege an error in the petition were given an opportunity to be heard, and no errors were alleged, and other residents of the municipality who favored or questioned the necessity for the annexation were also given the opportunity to be heard; and

WHEREAS, the Board of Commissioners of the Town of Highlands finds that the petition meets the requirements of Section 160A-31, North Carolina General Statutes.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Highlands, North Carolina, that:

Section 1. By virtue of the authority granted by G. S. §160A-31, the following described territory is hereby annexed and made part of the Town of Highlands upon and after the effective date of this Ordinance:

A.        Jennifer Hays (Lot 51), as recorded in Deed Book S23, Page 2454, Macon County Registry.

B.        Chauncey Mellor (Lots 49 and 50), as recorded in Deed Book L26, Pages 842 and 840 respectively, Macon County Registry.

C.        Richard Moyer (Lots 44 and 48), both as recorded in Deed Book F29, Page 2358, Macon County Registry.

D.        Thomas Mulvey (Lot 54), as recorded in Deed Book M24, Page 318, Macon County Registry.

E.         Stella Tsai (Lot 46), as recorded in Deed Book P30, Page 1384, Macon County Registry.

F.         Phillip Whitaker (Lot 53), as recorded in Deed Book L24, Page 1970, Macon County Registry.

Section 2. Upon and after the effective date of this Ordinance, the above-described territory shall be subject to all debts, laws, ordinances, and regulations in force in the Town of Highlands, and shall be entitled to the same privileges and benefits as other parts of the Town of Highlands.  Said territory shall be subject to municipal taxes according to G. S. §160A-58.10, and shall be zoned R-1 Residential.

Section 3. Pursuant to G. S. §160A-31(h), the foregoing petitioners for annexation are required to file signed statements declaring whether or not they have established vested rights with respect to the properties subject to this petition under G. S. §160A-385.1.

This ordinance is adopted this 1st day of October, 2008, and is to become effective on January 1, 2009.

*         *         *

4.         The Board considered as one item two petitions for re-zoning which had been received from Thomas E. Young Jr. and William C. Hawkins II.  It was reported that the Planning Board had recommended approving the petition from Mr. Young, but denying the petition from Mr. Hawkins.  Comm. DeWolf noted that the Young property was accessed through another piece of property, and he wondered why the property owners had not submitted petitions for Conditional Zoning Districts; he thought the board should consider making that a policy.  Comm. Ross pointed out that a Conditional Zoning petition was not before the Board tonight.

MOVED BY COMM. DOTSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED TO SET A PUBLIC HEARING TO RECEIVE COMMENTS ON BOTH PETITIONS FOR 7:00 P.M. ON NOVEMBER 5.

5.         Each Board member had received a copy of a proposed amendment of the Zoning Ordinance establishing a maximum built-upon of 50% for lots that meet or exceed the minimum lot size; Planning Director Joe Cooley said that the amendment was the unanimously recommendation of the Planning Board.

MOVED BY COMM. PATTERSON, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED TO SET A PUBLIC HEARING TO RECEIVED COMMENTS ON THE AMENDMENT FOR 7:00 P.M. ON NOVEMBER 5.

6.         Hillrie Quin, Chairman of the Greenways Committee, reviewed the background of the Highlands Greenway since appointment of the Committee.  He reported that the recently-approved brochure depicting the Greenways Map showed its location partly on Biscuit Rock Road in Rhododendron Trail Subdivision.  Dr. Louis Reynaud, a resident in the subdivision, had objected because the road was a private one.  The Town Attorney agreed to look into this issue.

Mr. Quin also noted that $100,000 had been budgeted for the year, and he said that volunteers had been working on a segment of the trail through the Recreation Park.  He had received a quote from Unturned Stone of $255,000 for building a section of the trail on Big Bearpen, but said that he instead would like to acquire some equipment and use a combination of volunteers and Town employees; he asked the Board to provide $4,000 for ten loads of rock, $1,800 for three days of consulting from Unturned Stone, $6,000 for a track dump truck, and $21,000 for a mini-excavator, the latter price being the low bid among four informal bids which he had solicited.  The Town Administrator asked that the request be taken under advisement until he could discuss liability insurance for volunteers operating Town equipment with the Town’s insurance underwriter.

7.         Each Board member had received copies of a draft of a Town Manager employment profile; consultant Bill Wilder was present and said that the document had been developed after meeting with Staff, Board members, and a community focus group, and would be used as a baseline to review resumes for the position.  After providing a general description of the community and government, the Profile identified the major issues facing Highlands, which consisted of the form of governance, strategic planning, growth management and land use planning, infrastructure, Town Hall, affordable housing, controlling crime, and competitive pay and benefits for Town employees.  The Profile then outlined the desired qualifications for a manager, noting that questions of residency and salary would need to be decided.  He asked Board members to e-mail him with any thoughts they had on the Profile. He also reported that he had received 75 applications to date for the position.

8.         MOVED BY COMM. ROSS, SECONDED BY COMM. ROGERS, AND UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G. S. '143-318.11(A)(3) TO CONSULT WITH THE TOWN ATTORNEY ON THE UPCOMING BOWERY ROAD LITIGATION, AND PURSUANT TO G. S. '143-318.11(A)(6) TO REVIEW APPLICATIONS FOR TOWN MANAGER.  All present left the room except the Town Administrator, Town Attorney, and Bill Wilder.

                        A.        The Board consulted with the Town Attorney on the upcoming Wentz case, part of the Bowery Road litigation.  The Town Attorney and Town Administrator then left the room.

                        B.        The Board reviewed applications for Town Manager with Bill Wilder.

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

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 10:00 p.m.

                                                                        ________________________________

                                                                        Richard Betz, Town Clerk