PUBLIC HEARING and REGULAR BOARD MEETING of October 4, 2006, with Mayor
Don Mullen and Commissioners Alan Marsh, Amy Patterson,
H. N. James, Hank Ross, and Dennis DeWolf present.
Also present were Richard Betz, Lamar Nix, Selwyn Chalker, Bill
Harrell, Larry Gantenbein, Bill Coward, Kim Lewicki, Jim Lewicki,
Bill Nellis, Rick Siegel, Adam Thompson, Bob Kieltyka, Bill &
Sabrina Hawkins, Terry Potts, Elizabeth Lindsey, Jack Mayer, Jim Tate,
Erik Nesmith, Clem Patton, Bill & June Hogue, Don Leone, Kenneth
Shull, John & Joanna Baumrucker, Dwight Bryant, Bill Rethorst, and
many others.
A. PUBLIC HEARING.
The Mayor stated that the purpose of the hearing was to receive
comments on amendments of the Zoning Map establishing areas designated
R-4 and B-5 in portions of the extra-territorial jurisdiction extended
on November 16, 2005, as well as to consider the text of those
respective amendments. The hearing had been duly advertized and
mail notice had been provided pursuant to law, and the Mayor asked for
comments.
Bill Hawkins was present and said that he had purchased the old Prince
property on NC-106, recommended for R-4 zoning, for commercial property
and had paid a lot of money for it; he objected to the proposed
residential designation.
Rene Sylvan was present and asked about the purpose of the zoning; it
was explained to him.
Claude Sullivan was present and said his property abutted property
designated R-4; he wanted his property eventually zoned to a density of
one dwelling unit per ten acres.
Jerome Ingate was present and said that he, too, would like his
property zoned to that density.
Barry Jones, owner of the Summer House and Tiger Mountain Woodwork,
asked that a portion of his property along the highway be designated
R-4; he was willing to have the portion surveyed off and asked if the
Board would agree to that. He was told that the Board would not
be making a decision at this time.
The Clerk entered into the record, and had included with the agenda
package, letters in opposition to the proposed zoning from Robert Nass,
President of Skyline Lodge & Restaurants Inc., and from Phil and
Stephanie Whitaker.
There being no further comments, the Mayor closed the public hearing at
7:12 p.m.
B. REGULAR BOARD MEETING.
I. Call to Order.
The Mayor called the Regular Board Meeting to order at 7:12 p.m.
II. Approval of Agenda.
Copies of the agenda had been distributed by mail. The Town
Administrator requested that the Board discuss two-hour parking on
Church Street, and reported that the Town Attorney had requested a
discussion of a legal matter in Closed Session.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE AGENDA AS AMENDED.
III. Approval of Minutes.
Copies of the minutes of the September 20 Regular Board Meeting had
been distributed by mail.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
Copies of the minutes of the September 27 Special Board Meeting had
been distributed by mail.
MOVED BY COMM. MARSH, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
IV. Public Comment Period.
The Mayor stated that this was the time for public comments as required
by law.
Joanna Baumrucker was present and reported that the recent Antique Show
benefitting Highlands Playhouse had been a success, well-received by
the community and merchants; she thanked the Mayor, the Board, the
Recreation Director, and the Police Chief.
Don Leone asked when the Board would be making a decision about his
parking problem. He was told that the Zoning Board had made a
recommendation concerning parking, which would be discussed later in
the meeting.
V. Reports.
1. The Mayor reported that he had contacted an
architect in Asheville, as authorized at the Special Meeting of
September 27, concerning design of the Town Hall property; Peter
Alberice with Camille-Alberice would be able to attend a Special
Meeting at 7:00 p.m. on November 8. The Board agreed by consensus
to schedule such a meeting.
He also said that he had meet with the U. S. Forest Service and
understood they would be making significant cuts in their office
personnel, although no services would be cut.
He also reported that the Town had received a lot of responses from
news that the Town was considering paving roads in the Mirror Lake/Big
Creek area, including residents on Chowan Drive who were interested in
having their road paved.
2. Comm. Ross reported that the Chamber of Commerce had
some information on skyline Christmas Decorations they had proposed
purchasing for installation across Main Street and Fourth Street, and
Rick Siegel presented photos from a catalog; also distributed were
photos of the decorations the Town Committee had already ordered,
consisting of wreaths and stars.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS, TO AUTHORIZE THE CHAMBER
OF COMMERCE TO PURCHASE THE SKYLINE DECORATIONS. The motion
failed, with Comms. DeWolf and Ross voting “aye,” and Comms. Patterson,
James, and Marsh voting “nay.” Comm. Patterson commented that she
liked the subdued, tasteful decorations and open feel of Main Street.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND UNANIMOUSLY
CARRIED TO APPROVE THE DECORATIONS ORDERED BY THE TOWN COMMITTEE, BUT
TO DECLINE THE DECORATIONS PROPOSED BY THE CHAMBER OF COMMERCE.
3. The Town Attorney was present but had no report.
4. Each Board member had received a copy of the Town
Engineer/ Public Service Administrator's report for the month; Lamar
Nix was present to review the report. He reported that the Town
had been assisting the D. O. T. with relocating utilities along the
Bowery Road right-of-way, and that McGill had begun surveying in the
Harris Lake area.
5. Each Board member had received a copy of the
Police Chief's report for the month; 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 added that many parents had
expressed relief over not having to drive to Franklin for soccer games
due the soccer field at Zachary Park, and he also confirmed that the
recent Antique Show had done a wonderful job of cleaning up after the
event.
7. Each Board member had received a copy of the Town
Planner/ Zoning Administrator's report for the month; Larry Gantenbein
was present to review the report. He reported that the Zoning
Board had denied an application for a variance request from Wild Thyme
for parking, and at the same time had recommended “that the parking
requirements for the four restaurants located around the central
business district off of Main Street be revised on the basis that it is
unfair to impose an off-street parking requirement on those restaurants
when none is imposed on the restaurants situated along Main
Street.” He also said that he had issued two more notices of
violation to Riverwalk Subdivision. Zoning Board member Bill
Rethorst was present and said that the Zoning Board had not recommended
revising the ordinance. Town Administrator Richard Betz said that
he had been at the meeting and had conveyed the recommendation to Mr.
Gantenbein; he apologized if he had not accurately done so.
8. Each Board member had received a copy of the Treasurer's
Report for the month.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. JAMES, AND UNANIMOUSLY
CARRIED TO ACCEPT THE TREASURER'S REPORT.
9. The Town Administrator reported that D. O. T.
District Engineer Wesley Grindstaff had begun to stake Hickory Hill
Road for right-of-way and was willing to come to a community meeting,
as discussed at the previous Public Works Committee meeting, but he
could not come before October 25; he thought most of the property
owners would not be in Town by then and suggested that the Mayor send a
letter instead explaining the purpose of the proposed paving, and the
Board agreed by consensus.
VI. Old Business.
1. It was reported that Old Edwards Inn had completed
paving and construction work on Church Street and would not need to
renew the permit for use of Town right-of-way for construction
activities. Comm. Marsh reported that OEI had also installed a
short section of sidewalk along Spring and South Fourth Street and he
thanked them.
2. A letter dated September 7, 2006, had been received from
Elizabeth Lindsey offering to dedicate right-of-way in Sherwood Forest
subdivision; a copy of the letter had been included in the agenda
package together with a draft resolution approved by the Town Attorney
accepting the offer of dedication, pursuant to the September 6
meeting. Jack Mayer was present representing Mrs. Barker, who
lived on lots 3, 4, and 5 in the subdivision but accessed her property
from another road; he said that she had no objection to the Town
accepting the roads, but was contesting the assessments for paving the
road by the subdivider, and wanted to state so in case it was
relevant. The Board then discussed the roads at some
length. Comm. James thought that the resolution should have
identified the specific streets that were to be accepted, since some of
them were not open yet and he was not willing to accept them.
Town Engineer Lamar Nix reported that the main road from US-64 to the
top of the mountain was paved to a width of 18 feet, but a side road
with a small cul-de-sac was only paved to its existing width of 10-1/2
feet. Grades did not exceed the minimum of 18% required by the
State. Terry Potts said that Mrs. Lindsey wished to dedicate all of the
roads in the subdivision to the Town; he thought they had complied with
Town specifications.
MOVED BY COMM. JAMES, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO ACCEPT THE MAIN ROAD ONLY, PURSUANT TO THE FOLLOWING RESOLUTION,
PROVIDED A DEED OF EASEMENT IS PROVIDED.
*
* *
RESOLUTION ACCEPTING FOR PUBLIC USE
BY THE TOWN OF HIGHLANDS
SHERWOOD FOREST ROAD
WHEREAS, the subdivision plat for Sherwood Forest
Subdivision, approved by the Board of Commissioners of the Town of
Highlands on October 6, 1982, identified certain streets as "private"
on said plat, as recorded in Plat Cabinet 1, Slot 249, Page 4 of the
Macon County Registry; and
WHEREAS, Elizabeth Lindsey, owner of the property on
which the aforesaid subdivision was approved, has retained her rights
under the law to offer for dedication the aforesaid streets; and
WHEREAS, at a regular public meeting of the Board of
Commissioners convened on September 6, 2006, as well as in a letter
dated September 7, 2006, Elizabeth Lindsey unequivocally offered to
dedicate the streets in said subdivision to use of the public forever;
and
WHEREAS, the street named Sherwood Forest Road has
been paved to the satisfaction of the Town of Highlands and meets Town
specifications for acceptance as Town streets; and
WHEREAS, the Board of Commissioners of the Town of
Highlands recognizes that it would be in the best interests of the Town
of Highlands and its inhabitants, including the residents of Sherwood
Forest, to accept such offer of dedication.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Commissioners of the Town of Highlands that the aforesaid offer of
dedication by accepted for Sherwood Forest Road only, and for no other
streets in said subdivision, and that the aforesaid street be accepted
for public use.
This resolution is adopted this 4th day of October,
2006.
*
* *
3. A petition for re-zoning had also been received pursuant
to the September 6 meeting, requesting re-zoning of an 8-acre parcel
belonging to Liz Development along US-64, from R-2 to B-3. Terry
Potts was present and said that the property had been zoned commercial
when the subdivision was installed, and the Board at that time had
agreed to approve a lodge in the commercial area. She had
subsequently installed a sewer line along the highway, which the Town
had extended to the Hospital. It had always been commercial, and
he said she claimed not to have received notice of it being re-zoned to
residential in 1999. The Town Administrator briefly outlined the
history of the property and said that he could provide copies of all of
the minutes; Comm. Ross said he would like to review them, and Comm.
DeWolf also said he would like to. Comm. James remembered that
the area had been changed to be consistent with the other changes
recommended by the Land Use Planning Committee in 1989. The Mayor
wondered if the zoning would be consistent with the proposed ETJ B-5.
MOVED BY COMM. MARSH, SECONDED BY COMM. PATTERSON, TO DENY THE REQUEST.
After some discussion, however, the Board agreed to send the petition
to the Planning Board for a recommendation, and to forward to both
Boards copies of the pertinent minutes. Comm. Marsh agreed to
withdraw his motion and Comm. Patterson her second.
MOVED BY COMM. MARSH, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO SEND THE PETITION FOR RE-ZONING TO THE PLANNING BOARD FOR A
RECOMMENDATION.
4. The Town Administrator reported that Town officials had
met with Pamela Hysong, USDA Rural Development consultant, on September
21 concerning possible funding for silt removal. She had
indicated that the town would likely qualify for a long-term,
low-interest (3.5%, 40-year) loan, as well as a small grant.
However, cost estimates on dredging had still not been received.
Comm. James commented that he was not sure it was the responsibility of
the water customers in Town to remove silt from the lakes. Bill
Hogue asked if the Town had considered purchasing a small dredge.
The Town Engineer said that option was being explored.
VII. New Business.
1. The Board discussed at some length the proposed
amendments of the Zoning Map and Zoning Ordinance establishing R-4 and
B-5 zoning districts in the ETJ. The consensus of the Board was
that more information was needed on the thinking of the Planning Board
in designating properties for each district, and also a closer
examination of the text of the amendment with the Town Planner would be
helpful. After considerable discussion, the Board agreed to meet
at 6:00 p.m. prior to the next meeting on October 18 in order to review
with the Town Planner the proposed zoning amendments; if more
information was needed, the Board could at that time decide to meet
with the Planning Board at their October 23 meeting.
2. It was reported that Comm. Ross, the Town Planner, and
the Town Attorney were discussing drafting of a post-construction
stormwater control ordinance.
3. Informal sealed bids had been advertized for a new
warehouse building, as authorized at the previous meeting and in the FY
06-07 Budget; only one bid had been received, from Schmitt Building
Contractors. The Mayor opened and read it publicly:
$243,492. Comm. James felt that the bid should not have been
opened and indicated that more bids should have been solicited, but it
was pointed out that the bid amount was now public. Comm. DeWolf
said it seemed like a fair price in his opinion and Comm. Patterson
pointed out that it was under budget.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO AWARD THE BID TO SCHMITT BUILDING CONTRACTORS.
4. A final subdivision plat for James and Allison Tate had
been approved by the Planning Board at its previous meeting; it
consisted of the division of one large lot into two lots on Holt Circle
and did not require any water or road installation.
MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND UNANIMOUSLY
CARRIED TO APPROVE THE FINAL SUBDIVISION PLAT.
5. The Public Works Committee had discussed the need for an
area at the Wastewater Treatment Plant to stockpile dirt and other
materials. The Town Engineer said there was a flat area at that
site that would serve well; it would be less than an acre in size and
would be protected by erosion control devices.
MOVED BY COMM. JAMES, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO APPROVE THE CLEARING OF SUCH A SITE.
6. The Town Administrator said that the Street Department
was prepared to re-mark the two-hour parking on Church Street following
recent paving of the street by OEI, but thought the Board might want to
re-consider the two-hour restriction on parking before proceeding, as
well as the Employee Business District parking, due to completion of
work by Old Edwards Inn. After considerable discussion the Board
agreed to re-mark the street for two-hour parking and leave the
Ordinances unchanged.
7. Kim Lewicki asked the Board what its stand was on the
issue of parking for restaurants. Comm. Ross said the consensus
was that a more comprehensive review of parking should be undertaken.
8. MOVED BY COMM. ROSS, SECONDED BY COMM. MARSH, AND
UNANIMOUSLY CARRIED TO GO INTO CLOSED SESSION PURSUANT TO G. S.
§143-318.11(A)(6) TO REVIEW APPLICATIONS FOR EMPLOYMENT, AND
PURSUANT TO §143-318.11(A)(3) TO CONSULT WITH THE TOWN ATTORNEY ON
A LEGAL MATTER. All present left the room except the Clerk, the
Public Services Administrator, the Town Planner, and the Town Attorney.
A. The Public Services
Administrator recommended filling the full-time position vacated by
John Smith with temporary Sanitation Worker Jonathan O’Connor.
B. The Board reviewed an
application for Code Enforcement Officer from Scott Houston; Mr.
Houston was employed as meter reader, but was willing to work in the
Code Enforcement position at the overtime rate as needed, which the
Town Administrator said would be equivalent to the recommended pay
grade 12. The Town Planner and Town Administrator recommended
approving him for the position.
C. The Board consulted with the
Town Attorney on litigation involving Riverwalk Subdivision and
gave him instructions.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO GO INTO OPEN SESSION.
9. MOVED BY COMM. PATTERSON, SECONDED BY COMM. JAMES,
AND UNANIMOUSLY CARRIED TO EMPLOY JONATHAN O’CONNOR AS SANITATION
EQUIPMENT OPERATOR II AT A SALARY OF 9-1 ($22,475).
10. MOVED BY COMM. PATTERSON, SECONDED BY COMM.
DEWOLF, AND CARRIED TO APPROVE METER READER SCOTT HOUSTON, ON A
PROBATIONARY BASIS, TO ASSIST THE ZONING ADMINISTRATOR PART-TIME WITH
CODE ENFORCEMENT, AND FOR HIM TO BE COMPENSATED AT THE OVERTIME RATE
FOR HIS EXISTING POSITION. Comms. Patterson, Dewolf, Marsh, and
Ross voted "aye," and Comm. James voted "nay."
VIII. THE BOARD AGREED BY CONSENSUS TO ADJOURN.
There being no further business to come before the Board, the meeting
was declared adjourned by the Mayor at 9:20 p.m.
________________________________
Richard Betz, Town Clerk