MINUTES
Town of Blowing Rock
Board of Commissioners
The Town of Blowing Rock Board of
Commissioners met in regular session on Tuesday, January 9, 2007 in the Town
Hall Council Chambers. Present were
Mayor Lawrence, Commissioners Bobby Ball, Keith Tester, Terry Lentz, Rita
Wiseman and Tommy Klutz. Others
attending were Town Manager Scott Hildebran, Town Attorney Allen Moseley, Town
Engineer Doug Chapman, Town Planning Director Kevin Rothrock, Public Works
Director Johnny Lentz, Police Chief Eric Brown, Building Inspector Jesse Horner, Emergency Services Director Kent Graham,
Finance Officer Margaret Pierce, Parks & Recreation Director Jennifer
Brown, and Town Clerk Sharon Greene.
Call
to Order
Mayor Lawrence called the meeting to
order and welcomed those in attendance.
Approval
of Minutes
The minutes for meetings held on
November 17, 2006 Closed Session, and December 12, 2006 were approved as
submitted with a motion from Commissioner Lentz, seconded by Commissioner Ball. Unanimously approved.
Public
Hearings
Mayor Lawrence excused himself at this
time due to conflict of interest.
Sworn to speak during the public
hearing were Planning Director Kevin Rothrock, and Project Architect Bill
Dixon.
Planning Director Rothrock presented
Council with a request from Bill Dixon on behalf of United Community Bank for a
conditional use permit to renovate the former Los Arcoiris building located at
A site plan for the proposed project
was presented to Council which reviewed parking, landscaping and storm water
management. The applicant also requested
a waiver for a street setback of four (4) feet to construct the new roof and
overhang facing
Planning Director Rothrock stated that
Council must vote specifically on each finding of fact in Section 16-189 of the
Land Use Ordinance. After voting on each
finding, Council would vote on the waiver request.
Mr. Rothrock also stated during the
December meeting the Planning Board recommended approval of the conditional use
permit application with the setback waiver as requested.
Commissioner Tester voiced his concern regarding
traffic flow. He asked if there would be
adequate room for large vehicles associated with the gas company that adjoined
the proposed property. Planning Director
Rothrock stated there appeared to be adequate access.
Commissioner Tester also inquired if it
made sense for the proposed project to put a sidewalk in with the planned
highway widening. Planning Director
Rothrock stated that it was consistent with what the town usually did. Commissioner Tester also asked about the
setbacks and if they were measured with respect to the highway. Planning Director Rothrock stated the right-of-way
for the highway was not changing on that side and should not interfere with
this property.
Project Architect Bill Dixon approached
Council stating that he had been before the various town boards regarding this
same property several times, and this project, in his opinion, was the
strongest use for this property that he had dealt with so far. He stated the United Community Bank would be
a great asset to the town and turn a property that was an eye-sore into
something much more attractive. He also
stated that the proposed traffic configuration would accommodate the tractor
trailer type vehicles.
Commissioner Tester inquired about the
4-foot extension that was to be added to the building and if it was primarily
for aesthetics. Mr. Dixon stated the
extension was a visual enhancement.
Commissioner Tester asked why it had to be four feet. Mr. Dixon stated that it added depth to the
building.
Commissioner Ball asked if the timbers
that were to be used on the front of the building were of substantial
size. Mr. Dixon stated they were
comparable with the timbers used on a motel in the same area.
After receiving a motion from
Commissioner Wiseman, seconded by Commissioner Klutz, and agreed upon by all
members, the public hearing was closed.
Mayor Pro-tem Lentz asked for further discussion, with no further
discussion Mayor Pro-tem Lentz asked that Council vote on the following
findings of fact:
A motion to approve CUP #2006-15 with
the waiver request, was given by Commissioner Wiseman, seconded by Commissioner
Ball. Commissioner Tester stated the reasoning behind his vote was that he felt
it was setting precedence for other potential projects in that area.
Commissioner Ball stated she agreed with Commissioner Tester to a certain
extent, but since the building existed already the extension enhanced the looks
of it tremendously. Commissioner Tester
felt the architect could find another way without the 4-foot extension to
enhance the building.
Commissioner Wiseman commended United
Community Bank and Mr. Dixon for their work on the project, stating it would be
a wonderful addition to the by-pass.
Commissioner Tester said in spite of his objections he too felt they had
done a fine job.
In favor of the motion were Ball,
Wiseman, and Klutz. Against was
Tester. Motion carried. CUP
#2006-15 United Community Bank Attached as Exhibit A
Mayor Lawrence returned to the meeting
at this time.
Planning Director Rothrock stated in
the month of December the Planning Board recommended approval of a draft
ordinance that prohibits the use of windmills and wind energy devices in the
Town’s planning and zoning jurisdiction, stating they agreed that windmills and
wind energy devices were not appropriate for Blowing Rock. They also expressed support for sustainable
energy sources and its benefit to the environment. The Planning Board concurred that the wind
energy ordinance could be further studied as wind energy technology continues
to evolve.
A draft ordinance amendment to Section
16-149 of the Land Use Ordinance that would effectively prohibit the use of
windmills, wind energy devices and associated towers in the Town’s planning and
zoning jurisdiction ( Town limits and ETJ)
was presented to Council for their review and discussion.
Mr. Rothrock stated the town had
discussed this issue back in October of 2004 and after further reviews and
studies staff and planning board had come up with the draft ordinance. He also
stated that he had received one letter regarding this amendment from O. Wayne Green
asking that the town check with the town attorney with regard to the town
having the ability to regulate with an ordinance such as this. Mr. Rothrock stated he had discussed this
issue with Mr. Moseley and the
Mr. Rothrock stated that
Commissioner Tester asked if Mr.
Rothrock had a definition for wind energy device. Mr. Rothrock stated he did not have an
official definition at this time.
Commissioner Tester expressed if the Town was to have this ordinance, an
official definition would be needed and after looking on the internet, he had
found that instead of a wind energy device, it was usually referred to as a
wind energy generator. He felt the town
should use the common technology in case it was ever challenged.
Commissioner Tester stated the reason
for this ordinance amendment was very vague to him, that it seemed like the
only reason the town did not want to allow these devices was for visual reasons
only. Commissioner Wiseman stated she
did not have a problem with the way it read at present time, because she felt the
town’s primary concern at this point was aesthetics.
Commissioner Tester stated he felt the
town was putting up a shield against these devices because of visual impacts
but he felt in the near future there would be wind capturing devices around
that would not be that visible. He felt
this type of technology would be very desirable to have. He also stated he felt this would be
counter-productive in the long run.
Commissioner Wiseman disagreed, stating the Land Use Ordinance was a
living document that could be changed frequently and the way this ordinance was
written with the statement “at this time we so desire to prohibit these
devices” she felt the door would be open in the future for change due to technology. Ms. Wiseman asked Mr. Tester if he would feel
more comfortable with wind energy generator instead of wind energy device. Mr. Tester stated either wording would be fine
as long as an official definition was given.
Commissioner Tester asked if the town
was against this for visual reasons only and he was very unclear as to what the
Town wanted to accomplish.
Commissioner Klutz stated he was
against this ordinance. He felt this was an ongoing problem and he hated to the
see the town zone themselves out of something that could potentially change
everyone’s lives.
Town resident Earl Horne stated a Town
ordinance was already in place regulating towers and asked why not modify the
existing ordinance to include windmill devices.
Mr. Rothtrock stated the existing ordinance was specifically written for
cell phone towers, radio towers, etc.
Mr. Horne asked if this ordinance could be modified to include wording
for wind system devices. Mr. Rothrock
stated that in his opinion, that would not be the best approach.
Mr. Rothrock asked if Council wished
for this discussion to be tabled until later, so the ordinance could be
rewritten to include better language and a definition. Town Attorney Allen Moseley inquired if
Council was in agreement on what exactly they were trying to stop and if
dimensions needed to be mentioned.
Council was in agreement that wording to include dimensions would be
needed.
Commissioner Lentz stated he felt land
values in Blowing Rock would keep people from putting up windmill devices,
because they could buy electricity cheaper.
Mr. Rothrock stated he could see the
possibility of a device such as this at Glenmoore Subdivision because it was a
good source of energy and the developer was interested in that type of energy
source.
After further discussion, Commissioner
Wiseman made a motion to close the public hearing, seconded by Commissioner Ball.
Unanimously approved.
Commissioner Wiseman made a motion to
adopt Ordinance #2006-11 and to incorporate a definition for wind energy
device, seconded by Commissioner Ball.
Aye-Wiseman & Ball. No-Lentz,
Tester & Klutz. Motion failed.
Another motion was given by
Commissioner Tester to send this ordinance back to the Planning Board for
further review, and better define exactly what the town was trying to prohibit
specifically plus include a definition.
He also added the current moratorium should continue for at least a
3-month period until the Planning Board brought this issue back before
Council. Commissioner Ball seconded the
motion. Unanimously approved. Draft Windmill Ordinance #2006-11
Attached as Exhibit B
Town Manager Scott Hildebran presented
to Council for consideration, a resolution formally authorizing the filing of a
grant application to the NC Park and Recreation Trust Fund stating the
requested grant in the amount of $500,000 would be used to construct a new
swimming pool facility, bathhouse, public restrooms, picnic shelter and
playground area. The Town would then
provide 50% local match (or $500,000).
The local match would come from existing pool capital reserve funds and
from future undesignated capital reserve funds.
Town Engineer Doug Chapman addressed
the proposed project and presented a preliminary design and a cost estimate of
the complex stating the design was similar to previous discussion since the
adoption of the Parks & Recreation Master Plan. He also said it was originally
thought the existing pool and bathhouse could be renovated, but with the age of
the existing pool (approximately 50 years) it could fail at anytime.
Commissioner Tester asked if the total
anticipated cost would get everything for the pool area that was included in
the 2005 Parks & Recreation Master Plan.
Mr. Chapman stated he felt that it would. He also discussed the project
design. Commissioner Klutz asked if 10
or 15 years in the future, a structure could be added to enclose the pool. Mr. Chapman stated it had been discussed but
it would add a lot of cost to the project as well as a lot of maintenance. Town Manager Hildebran stated that 5 or so
years ago the town considered an enclosed facility but due to structure costs
and greatly increased operating costs, the idea was abandoned. Also,
Commissioner Tester asked if there were
sufficient funds for the proposed facility.
Town Manager Hildebran stated the funds were growing at this time, with
$125,000 of the $500,000 already set aside as well as other un-appropriated funds.
Area resident, Carol Horne inquired if
during the construction process would the community be without a pool facility
for a complete season. Mr. Chapman
stated that it was hard to say but very probable. He also said it would probably be the year
2008 because they would not hear about the grant until May or June of 2007.
Commissioner Wiseman made a motion to
approve Resolution #2007-01 as submitted, seconded by Commissioner Klutz. Unanimously approved. Resolution
#2007-01 Robbins Pool Grant Applications-NC Park & Recreation Trust Fund
and Cost Estimate Attached as Exhibit C
New
Business
Town Manager Hildebran presented Resolution
#2007-02 for adoption by Council authorizing an appropriate Town Official to
dispose of personal property valued at less than $5,000 through use of informal
procedures to obtain fair market value on the following items:
A motion to accept Resolution #2007-02
was given by Commissioner Wiseman, seconded by Commissioner Ball. Unanimously
approved. Resolution
#2007-02 Declaring Surplus Property & Authorizing Disposal Attached as
Exhibit D
Town Manager also presented Council
with a Proclamation proclaiming February 27, 2007 as Spay Day USA. A motion to
accept the proclamation was made by Commissioner Lentz, seconded by
Commissioner Ball. Unanimously approved. Proclamation Spay Day
Speakers
from the Floor
Mrs. Carol Horne a resident of
Mayor Lawrence thanked Mrs. Horne for
bringing this to their attention. He
felt this street was a top priority particularly from
Commissioner Lentz mentioned several years
ago
Commissioner Wiseman inquired if the
Town would have to purchase right-of-way easements from property owners. Town Manager Hildebran stated that 51 percent
of residents located on the street would need to agree on a sidewalk and that
most towns assessed the property owners for one-half of the cost with the town paying
for the rest.
Commissioner Klutz stated one of his
neighbors on
Departmental
Reports
Town Manager Hildebran wished Parks
& Recreation Director Jennifer Brown a happy birthday and extended his
sympathy to Town Engineer Doug Chapman on the recent loss of his father. He also expressed early birthday wishes to
Commissioner Wiseman.
Adjournment
With no further business to discuss,
Mayor Lawrence adjourned the meeting at 8:00 p.m.
MAYOR______________________________
J.B. Lawrence
Attest: ___________________________
Sharon H. Greene, CMC
ATTACHMENTS:
·
CUP #2006-15
United Community Bank (Exhibit A) Resolution #2007-01
·
Draft Windmill Ordinance (Exhibit B)
·
Robbins Pool
Grant Application & Cost Estimate
(Exhibit C)
·
Resolution
#2007-02 Surplus Property (Exhibit D)
·
Proclamation
Spay Day