REGULAR BOARD MEETING of September 5, 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, Bill Harrell, Bill Coward,
Josh Ward, Selwyn Chalker, Kim Lewicki, Jim Lewicki, Linsey Wisdom,
Eric NeSmith, Buck Trott, Clem Patton, Bill Staley, Edwin Poole, Nan
Cummins, Rick Siegel, David Wilkes, Sandra Baty, Pat Taylor, Marlene
Alvarez, Wolfgang Greene, Bernie Robert, and many 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.
MOVED BY COMM. MARSH, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY CARRIED
TO APPROVE THE AGENDA AS DISTRIBUTED.
III. Approval of Minutes.
Copies of the minutes of the August 15 Regular Board Meeting had been
distributed by mail.
MOVED BY COMM. ROSS, SECONDED BY COMM. MARSH, AND UNANIMOUSLY CARRIED
TO APPROVE THE MINUTES AS DISTRIBUTED.
Copies of the minutes of the August 22 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 public comment period required by
law.
Clem Patton said that he and many others were present concerning the
proposed paving of Hickory Hill Road. Many wanted the road
improved, but were concerned over the required 50-foot right-of-way,
the effect it would have on trees and rhododendron, and increased
speeding, especially with the increased traffic expected from the
upcoming Mirror Lake bridge repairs. Most of those present wanted
a hard surface but would be receptive to other improvements only in
certain specific places.
Nan Cummins echoed Mr. Patton's comments; she said that no one was
willing to dedicate a 50-foot right-of-way.
Buck Trott said he was present on behalf of the Mirror Lake Improvement
Association; he favored a paved road, and pointed out that
sedimentation caused by a large subdivision had ceased due to paving of
the roads. He also thought the Town should consider paving
Cullasaja Drive.
Edwin Pool was present and said he was amazed how much silt gathered
along his road.
Sandra Chase said she would be willing to see the road paved, but many
homes were close to the road and she encouraged an 18-foot wear surface.
Another woman noted that letters had not been received by all property
owners along the road.
Buck Trott thanked the Town for all the help with the recent Relay for
Life event.
Bill Staley, Regional Manager for Northland Cable TV, said that they
had recently been required to drop Channel 13 as part of negotiations
for a better price from the provider for the benefit of consumers; he
said it was back on the air with a better quality picture, and he
thanked everyone for their patience.
Rick Siegel reported that the Chamber of Commerce would be organizing
the annual Fall Gorge Cleanup September 15.
V. Reports.
1. The Mayor reported that the Board had heard the
residents along Hickory Hill Road loudly and clearly. He proposed
cancelling the September 17 meeting scheduled with D.O.T. District
Engineer Wesley Grindstaff and other officials, which had been intended
to explain the need for a 50-foot right-of-way. He said that the
D.O.T. was required to pave to its standards, but he understand from
talking to Senator John Snow that funds might be available for paving
the road to lesser Town standards if the D.O.T. gave the road to the
Town.
MOVED BY COMM. MARSH, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO CANCEL THE SEPTEMBER 17 MEETING.
Buck Trott pointed out that the Town needed to decide what surface to
provide; many felt that the split-seal surface, like that used on
Bowery Road, was less expensive and would be more appropriate.
Comm. Marsh felt that the Public Works Committee should meet with Mr.
Grindstaff as soon as possible and review specifications and costs, and
the Board agreed by consensus.
The Mayor also reported that he wrote another letter to the D.O.T.
concerning the need for a traffic signal at Third and Main Streets.
2. Comm. Patterson reported that she had received
many comments about the Performing Arts Center asking about the
property and lease agreement if the County took over Recreation
functions; she felt the Town should decide what property should be
included as "recreational." It was agreed that this should be
discussed at the next meeting. The Mayor offered to call again
and work on scheduling a joint meeting with the County Commissioners.
3. 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 also reported that Tommy
Chambers had requested permission to extend, at his own cost, the Town
sewer line 590 feet to serve his property on Big Bearpen. Comm.
James felt that an easement for the line to his residence should be
required.
MOVED BY COMM. MARSH, SECONDED BY COMM. ROSS, AND UNANIMOUSLY CARRIED
TO APPROVE THE SEWER LINE EXTENSION SUBJECT TO THE EASEMENT.
4. 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. He added that his officers had made four drug
and outstanding-warrant arrests earlier in the day.
5. 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 requested that the Board
consider employing Bill Whallen part-time for the Civic Center desk on
weekends.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND UNANIMOUSLY
CARRIED TO EMPLOY BILL WHALLEN PART-TIME.
He also reported that he had attended the recent Recreation
Conference and spoken to John Poole with the Division or Parks and
Recreation; he said he had obtained approval for the "Bug Hill"
building to remain on Recreation Park property as a picnic
shelter. He also reported that insulation was being applied to
the ceiling of the Civic Center and the rest of the work should be
wrapped up next week.
6. Each Board member had received a copy of the
Interim Zoning Administrator's written report for the month,
accompanied by minutes of the Planning Board minutes of August 13 and
27. He said that the Planning Board had agreed at their previous
meeting to recommend against the Thomas Young petition for re-zoning,
which was on the agenda under Old Business; some felt that the property
was suitable for commercial, but five members felt that the re-zoning
would be contrary to the Land Use Plan. He also reported that the
discussion on Outdoor Display of Merchandise would continue at the
September 24 meeting. He and Code Enforcement Official Josh Ward
were also confirming for the Zoning Board that there was adequate
parking for restaurants in the B-2 and B-3 zoning districts.
Comm. Ross felt that seating should be spot-checked frequently, and he
confirmed it would be.
7. Each Board member had received a copy of the
Treasurer's Report for the month.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND UNANIMOUSLY
CARRIED TO ACCEPT THE TREASURER'S REPORT.
8. The Town Administrator distributed copies of a
letter from Chris Stahl, Macon County Solid Waste Director, asking the
Board for immediate action on a decision on participation in the
transfer station on Rich Gap Road.
He also asked if Board members had looked at the prototype bench on
Main Street. Comm. Patterson recommended a bench with no back so
that those using it were not confined to sitting one way. Comm.
Ross offered to meet with the Town Administrator and order such a bench
for review.
VI. Old Business.
1. The Town Engineer had prepared three alternatives
to the sidewalk for the corner of Fourth and Main at the Texaco
Station, as discussed at the previous meeting, and the Board discussed
them at length. One of the options called for replacing 160 yards
of concrete drive entrance and replacing it with heavy-duty brick
pavers on 4" concrete base with felt pad, concrete border, and
approximately 60 feet of 18" curb and gutter.
MOVED BY COMM. ROSS, SECONDED BY COMM. PATTERSON, AND CARRIED, TO
APPROVE THIS OPTION, AT A COST OF $34,160. Comms. Ross,
Patterson, James, and Marsh voted "aye," and Comm. DeWolf voted "nay."
2. The Board discussed a petition for re-zoning from
Thomas E. Young for property on US-64 adjacent to TLC realty; the
Planning Board had recommended not approving the petition, as reported
earlier in the meeting. Comm. Patterson pointed out that B-4
property was already controlled by buffers and limited size; she
wondered why commercial property was taboo, and pointed out that the
Town needed businesses, especially in B-4 which was designed for light
commercial with a low impact on the neighborhood. Comm. Marsh
said the property owner knew it was residential when he purchased it
and had submitted no concrete plans. Comm. James pointed out that
the Board had recently denied two other re-zoning petitions on NC-106;
he felt that approving this would amount to spot zoning. Comm.
DeWolf said he appreciated Comm. Patterson's comments, but asked what
would prevent commercial zoning from continuing down US-64.
MOVED BY COMM. JAMES, SECONDED BY COMM. MARSH, AND CARRIED TO DENY THE
PETITION FOR RE-ZONING. Comms. James, Marsh, Ross, and DeWolf
voted "aye," and Comm. Patterson voted "nay."
3. David Wilkes was present and distributed a written
report on ABC distributions since 1977.
VII. New Business.
1. Marlene Alvarez was present with a request that
the Board ask the Macon County Board of Elections to place a referendum
on the November 6 ballot allowing for the sale of mixed beverages and
malt beverages. She reviewed the points in favor of mixed drink
sales made in a letter dated August 22 which had been included with the
agenda: increase in tax revenue, better control of how much
customers drink, a level playing field with "sports" clubs already
having the option, and an unfounded belief that it would bring chain
dining establishments to Highlands.
The Mayor said that there were two methods in the Statutes for placing
this on the ballot: action of the Board, or petition by 35% of
the voters. He said he favored the former, putting the decision
in the hands of the people. Comm. James said he felt a petition
would be the best first step in the process of asking people.
Comm. Patterson felt that the people should decide in a referendum,
privately and in a voting booth, rather than having to place their
names on a petition. Comm. Ross said he was not happy with having
to make a decision at the last minute; the request would have to be
sent to the Board of Elections in a matter of days.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, AND CARRIED TO
REQUEST THE BOARD OF ELECTIONS TO CONDUCT A REFERENDUM AS
REQUESTED. Comms. Patterson, DeWolf, Ross, and Marsh voted "aye,"
and Comm. James voted "nay."
Town Attorney Bill Coward said he would like to verify the exact
wording required for the ballot, and later in the meeting he left the
room and researched the law on this question (SEE BELOW).
2. The Town Administrator reported that the current
utility re-connection fee was only $30, much less than that of other
power companies; he recommended increasing it to $50, and $75 if
overtime. Comm. Marsh felt it should be more than that.
MOVED BY COMM. DEWOLF, SECONDED BY COMM. ROSS, AND CARRIED TO AMEND THE
FEE SCHEDULE ACCORDINGLY. Comms. DeWolf, Ross, James, and
Patterson voted "aye," and Comm. Marsh voted "nay."
3. Copies were distributed of information sent to the
Town Administrator by Ed Sullivan of McGavran Engineering, documenting
the methodology he had used for setting proposed pole attachment rental
rates; the rates increased on a sliding scale from $9.00 per attachment
to $15.00 per attachment over six years. Comm. James asked the
Town Engineer to select 100 poles at random, count the connections, and
estimate what kind of overall increase this would mean to Northland
Cable and its consumers.
Also distributed were copies of e-mails from Ted McGavran to Comm.
Marsh asking the Town to amend its Pole Attachment Ordinance to provide
an incentive for entities to conclude negotiations of contracts.
Mr. Coward said he had reviewed it but felt that it needed to be
re-drafted, and the Board asked him to do so, contacting an attorney
referred to by Mr. McGavran if necessary.
Comm. James said he felt that a newcomer attaching to poles ought to be
required to post a bond. The Mayor said that Nin Bond of
Highlands Cable Group had spoken to him and wanted to begin attaching
to poles now. The Town Administrator said that Mr. Bond had
obtained a State franchise and requested information on attaching to
poles last February, and he had been told what the permitting process
and clearance standards had been at that time; he had been free to
proceed at any time. However, he felt now that Highlands Cable
Group should be required to execute a contract prepared by McGavran
Engineering, similar to the one Northland and Verizon was reviewing,
before being permitted to connect. Comm. Marsh agreed, and he
also thought that a bond should be posted. The Town Attorney said
in his opinion it would not be unreasonable to withhold pole attachment
permits until the contract and bond had been finalized.
Bill Staley said that Northland Cable paid the Town the highest pole
attachment fees in the area; most utilities charged $4.00 per pole, and
Duke charged $7.00 per pole. This cost would have to be passed on
to consumers.
4. The Mayor reported that the D.O.T. District
Engineer had met with the Public Works Committee concerning the paving
of Chestnut Street and the sidewalk along its south side between Fourth
and Fifth; these projects were scheduled to be completed this
Fall. However, the Committee had asked him to hold off on the
sidewalk between Fifth and Sixth until a decision had been made on its
design; it would be placed in the D.O.T. budget for next year.
Comm. Patterson felt that a survey should be prepared first.
Bernie Robert was present, said she was impacted the most by the
sidewalk, and favored its construction.
Comm. DeWolf asked about the sidewalk that the Town had required for
the Simmerson/Werder Conditional Use Zoning along the north side of
Chestnut Street; he wondered if it was needed now that a sidewalk was
being constructed across the street.
5. The Town Administrator has drafted a proposed
amendment of Section 208.6, exempting buildings on the Town Hall
property from the setback requirement, as discussed at the previous
meeting. It was agreed that the amendment should be considered
the next time the Zoning Ordinance is amended.
6. MOVED BY COMM. MARSH, SECONDED BY COMM. DEWOLF,
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 G.S.§143-318.11(A)(3) TO CONSULT WITH THE TOWN
ATTORNEY. The Board adjourned to the adjacent conference room
with the Town Administrator, Town Attorney, and Police Chief.
A. The Police Chief reviewed an
application for full-time police officer from Richard Davis; he
recommended employing him at 12-2, with automatic step increases for
radar and intoxilyzer certification. He also reviewed an
application for Police Auxiliary Officer from Andrea Holland.
B. The Board consulted with the
Town Attorney on the Riverwalk litigation.
C. The Board consulted with the
Town Attorney on the law concerning ABC referendums.
MOVED BY COMM. PATTERSON, SECONDED BY COMM. MARSH, AND UNANIMOUSLY
CARRIED TO GO INTO OPEN SESSION.
7. MOVED BY COMM. PATTERSON, SECONDED BY COMM.
DEWOLF, AND UNANIMOUSLY CARRIED TO EMPLOY RICHARD DAVIS AS POLICE
OFFICER AT A SALARY OF 12-2 ($27,518), WITH AUTOMATIC STEP INCREASES
FOR RADAR AND INTOXILYZER CERTIFICATION.
8. MOVED BY COMM. PATTERSON, SECONDED BY COMM.
DEWOLF, AND UNANIMOUSLY CARRIED TO EMPLOY ANDREA HOLLAND AS POLICE
AUXILIARY OFFICER AT 9-1 ($23,151).
9. The Town Attorney had reviewed the wording
required for the ABC ballot, discussed earlier in the meeting, and the
Board agreed by consensus that the wording should be as follows,
pursuant to G. S. §18B-602:
TO PERMIT THE "ON-PREMISES" SALE OF MALT BEVERAGES BY CLASS A HOTELS,
MOTELS, AND RESTAURANTS ONLY; AND TO PERMIT "OFF-PREMISES" SALES BY
OTHER PERMITTEES.
__FOR
__AGAINST
TO PERMIT THE SALE OF MIXED BEVERAGES IN HOTELS, RESTAURANTS, PRIVATE
CLUBS, COMMUNITY THEATRES, AND CONVENTION CENTERS.
__FOR
__AGAINST
VIII. MOVED BY COMM. PATTERSON, SECONDED BY COMM. DEWOLF, 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 9:15 p.m.
________________________________
Richard Betz, Town Clerk