MINUTES
Town of Blowing Rock
Board of Commissioners
Regular Meeting –March 11, 2008
The
Town of Blowing Rock Board of Commissioners held their regular meeting on
Tuesday, March 11, 2008 in the Council Chambers at Town Hall. Present were Mayor J.B. Lawrence,
Commissioners Bobby Ball, Keith Tester, Albert Yount, Phil Pickett and Tommy
Klutz. Others in attendance were Town
Manager Scott Hildebran, Town Attorney Allen Moseley, Town Engineer Doug
Chapman, Planning Director Kevin Rothrock, Public Works Director Johnny Lentz,
Police Chief Eric Brown, Building Inspector Jesse Horner, Emergency Services
Director Kent Graham, Parks & Recreation Director Jennifer Brown, Finance
Director Nicole Norman, Human Resource Administrator Erica Cline and Town Clerk
CALL TO ORDER
Mayor
Lawrence called the meeting to order at 6:00 p.m. and announced the Town of
PRESENTATION
Prior
to the meeting, a Volunteer Board Reception was held at 5:00 p.m. in
appreciation of those who served on Town boards. Mayor Lawrence thanked all the volunteer
members for the great job they do. He
also commended Mr. Al Wheeler for his six years of service on the Board of
Adjustment. Due to a prior commitment,
Mr. Wheeler was unable to attend the meeting and receive his plaque of
appreciation.
PUBLIC HEARINGS
Sworn
to speak during the following public hearing were Planning Director Kevin
Rothrock and applicant Bill Williamson.
Planning
Director Rothrock presented Council with a request from Mr. Bill Williamson,
owner of Kilwin’s Ice Cream for a conditional use permit to make significant
exterior changes to his building located at
Mr.
Rothrock stated the following architectural modifications were proposed:
During
the Planning Board’s meeting held on February 21, 2008, the conditional use
permit was approved as submitted.
Mr.
Williamson approached Council to answer questions regarding the proposed
changes. Mr. Williamson stated he did
not understand Item #3 of the conditional use permit relating to underground
utilities. Commissioner Tester was in
agreement with Mr. Williamson regarding this item. Commissioner Tester stated the changes Mr.
Williamson proposed did not affect the underground utilities. Commissioner Tester asked Mr. Rothrock to
come forward and explain this issue further.
Mr.
Rothrock stated this was a requirement of the Hanna Family Project CUP, that
had not been completed yet, but these were actually Mr. Williamson’s utility
lines. Commissioner Tester inquired why
Mr. Williamson would be asked to do this, since it was part of the Hanna
project. Mr. Rothrock stated this was
consistent with other CUP requirements.
Commissioner Tester stated he did not feel this was warranted unless
proposed construction required the utility lines be moved and in this
particular situation this was not the case.
Commissioner Tester stated only cosmetic upgrades were being done to the
building and the underground utilities were already covered under another CUP.
Commissioner
Tester asked that this item be removed from the CUP and for Mr. Rothrock to
pursue what was required in the Hanna CUP.
Mr. Rothrock stated in speaking with the Hannas, an agreement with
another adjoining property owner could not be reached.
Commissioner
Ball asked if Mr. Williamson was a party to the original agreement regarding
the underground utilities. Mr. Rothrock
stated Mr. Williamson knew this was a requirement and that he might temporarily
lose power to his business while it was being done, but he was not involved in
coordinating or funding the relocation.
Town
Manager Hildebran suggested language be added to Item #3 stating that Mr.
Williamson agrees to the placement of underground utilities. Commissioner Tester inquired if Mr.
Williamson was in agreement with that statement. He responded that he was.
Commissioner
Klutz stated he had spoken with Andy and Annie Whatley regarding the needed
easement through their adjoining property and they had agreed to grant an
easement if they could be assured that all damages to their property would be
adequately repaired. He felt this should
be pursued further because one less overhead power line on
Mr.
Andy Whatley corrected Commissioner Klutz’s statement by saying they would
consider giving an easement through their property.
A
motion to close the public hearing was given by Commissioner Pickett, seconded
by Commissioner Ball. Unanimously approved.
Commissioner
Tester made a motion to approve CUP #2008-01 with the added change to Item #3
stating the applicant agrees to allow underground utilities. A second to the motion was made by
Commissioner Klutz. Unanimously
approved. CUP 2008-01 Exhibit A
(Resolution #2008-01,
#2008-02 & #2008-03)
Town
Manager Hildebran advised the purpose of the public hearing was to receive
comments on the proposed use of an installment contract to finance a parking
facility and water/wastewater improvements.
Mr.
Hildebran explained the Town had developed engineered plans for a joint capital
project consisting of two elements – 1) the construction of a single level
parking structure, approximately 62 feet x 200 feet, located adjacent to the
American Legion Building and 2) the construction of various Water/Sewer capital
improvements located at both the Water and Wastewater Plants on Valley
Boulevard. Based on construction bids
received, the total cost of the project was estimated to be up to $2,839,000.00,
not including engineering costs.
He
advised that engineering costs and a portion of the total debt would be paid by
funds already available.
The
financing request of $2,064,800 consisted of the following:
·
Parking
Structure: The Town plans to borrow up to $804,800.00 for this portion of the
project.
·
Water/Sewer
Capital Improvements: The Town plans to borrow up to $1,260,000.00 to fund this
portion of the project.
Mr.
Hildebran advised since 2007, staff had met with area banks to discuss various
financing options available to fund both projects. A Request for Proposals (RFP) soliciting bank
quotes to borrow up to $2,680,000 for 7 years with a blended amortization or
two (2) separate amortization schedules.
For the parking structure fixed principal payments were required. For the Water/Sewer capital improvements, a
level payment for this portion of the loan (up to $1,800,000.00) was required.
According
to Mr. Hildebran, the Town received eight proposals from the following banks
borrowing up to $2,680,000.00.
Institution Rate
Fees
Prepay Penalty Costs
Bank of America 2.984% -semi $4,500 yes $325,277
BB&T 3.18% -
semi $1,100 yes $342,187
3.05% - annual $1,100 yes $305,234
First Citizens 3.73% - annual $5,000 yes
$404,856
High Country Bank 4.38% - annual $6,700 no
$453,740
RBC Centura 2.89% - semi $5,000 no $315,448
2.92%
- annual $5,000 no $296,682
Sun Trust 3.42%
- annual $7,500 no $358,776
United Community Bank 3.09% -
annual legal fees no $358,776
Wachovia 3.14%
- semi $6,000 yes $363,351
3.29%
- semi $6,000 no $368,574
3.13% - annual $6,000 yes
$319,129
3.29%
- annual $6,000 no $324,344
The overall low bid was received from RBC Centura @ 2.92%, with annual
payments, and no prepayment penalty.
Mr.
Hildebran stated staff recommended that Council adopt Resolution #2008-01
authorizing the filing of an application with the Local Government Commission,
and Resolution #2008-02 stating its findings that an installment contract is a
necessary and expedient method for the proposed projects, and all related
fillings, to the Local Government Commission for approval of the proposed
financing. Mr. Hildebran advised the
Commission will be formally considering the application at their April 1, 2008
meeting.
In addition, it is recommended that the financing be awarded to low bidder - RCB Centura to borrow up to $2,064,800.00 (based on bids received and proposed contingencies) for 7 years at 2.92%, subject to approval by the Local Government Commission and adoption of the attached proposal (#2008-03) from RBC Centura.
The
final loan amount will be determined at the conclusion of the project.
Commissioner
Klutz stated for the record that he was in favor of the funding proposal but
was not in favor of the parking structure itself. He felt the structure would affect the
character of Blowing Rock and needed to be further studied.
Commissioner
Yount called on Mayor Lawrence for clarification regarding the proposed
resolutions being presented. Mayor Lawrence assured Commissioner Yount that
voting in favor of the proposed financing did not necessarily mean he was
voting in favor of the project going forward.
After
further discussion and receiving no public comments, Commissioner Ball made a
motion to close the public hearing, seconded by Commissioner Tester. Unanimously approved.
Mayor
Lawrence called for a motion to approve Resolution #2008-01, #2008-02 and
#2008-03. Commissioner Ball made a
motion to approve the resolutions as presented, seconded by Commissioner
Tester. Commissioner Yount abstained
from voting. All others were in favor of
the motion. Motion carried. 5-0
(Abstention from voting is an affirmative vote Ref: N.C.G.S. 160A-75) Resolutions #2008-01, #2008-02 & #2008-03 Exhibits B, C & D
OLD BUSINESS
Town
Manager Hildebran stated that based on questions from various Council members over
the past few weeks concerning the Main Street Village project and the limited
time to responsibly answer those concerns, the Applicant and the Town have
agreed to a continuance of the proposed project. Mr. Hildebran advised that since the February
meeting, Town Attorney Moseley had reviewed some of the issues along with
outside counsel Tom Terrell of the law firm of Smith, Moore, LLP and they
recommended the Town enter into discussion with the applicant to work towards a
solution on the various issues.
Commissioner
Picket recused himself from the public hearing due to a perceived conflict of
interest.
After
further clarification from Town Attorney Moseley regarding the correct
procedure in continuing this project, a motion to table the issue was made by
Commissioner Ball, seconded by Commissioner Tester. Unanimously approved.
NEW BUSINESS
According
to Mr. Hildebran, the Town of
1) The Parking Facility project consists of construction
of an approximately 62 feet x 200 feet elevated parking facility with related
grading, drainage, erosion control, retaining walls, paving, concrete curbs,
signage, electrical, seeding/grassing and restoration.
According to Town Engineer Doug
Chapmen there are currently 35 spaces in the lower parking lot. After the completion of the new parking
facility 40 spaces will be on the top level and 52 spaces on the bottom which
would net 57 new spaces in the facility.
After a reconfiguration of the Fire and Rescue area there will be a
total increase of 69 spaces in all.
The
bids were as follows:
Brushy
Mountain Builders, Inc. (
Hickory
Construction Co. (
Kearey
Builders, Inc. (
Mountain
Creek Contractors, LLC (Catawba, NC) $1,268,500.00
Wilkie
Construction Co., Inc. (
Mr.
Hildebran advised that staff recommended awarding the project to low bidder
Kearey Builders, Inc. from McGill Associates for $1,084,300.00
2) The Water/Wastewater Improvements consists of improvements
to the Wastewater Treatment Plant (WWTP) including a new fine screen, secondary
clarifier sludge removal improvements, new return activated sludge pump
stations, new aerobic digester, miscellaneous tankage improvements, piping,
valves, electrical work, and all associated appurtenances. Also, the project
consists of a new submersible residuals pump station at the Water Treatment
Plant (WTP) including non-clog submersible centrifugal pumps, piping, valves,
valve vault, electrical work, site work, site drainage, paving, and all
associated appurtenances.
The
bids are as follows: Base
Bid Alt. (excl. #1 & #3)
Gilbert
Engineering Co. (
Good
Water, Inc. (
Hickory
Construction Co. (
M.B.
Kahn Construction (
Laughlin-Sutton
Const., Inc. (Brown
The
TARA Group (
A
recommendation to award low bidder Gilbert Engineering Co. from McGill
Associates for $1,545,925.00 (which excludes Alternate #1 & #3) was given
by staff.
Town Engineer Doug Chapman spoke regarding a traffic study for the
parking structure, stating he did not anticipate a tremendous increase to
traffic or a change in the traffic pattern from what it was currently. He felt with the additional 60 spaces, cars
would not be circling the block looking for parking spaces.
Commissioner Tester advised spending a lot of money to do a traffic
count was not warranted, but he felt a study of the whole area that was being
changed needed to be done, which included the American Legion Parking
Structure, the BRAHM Parking Structure, plus the restructuring of what is now
the Emergency Services Department, after moving to it’s new location.
Commissioner Klutz spoke of his dissatisfaction of the location of the
parking structure at the
Commissioner Pickett stated parking was needed for the people that came
to Blowing Rock and he had seen parking decks that were well constructed and
did not look like a parking deck.
Commissioner Klutz restated his feeling that the character of Blowing
Rock would be destroyed by the parking structure.
Mayor Lawrence disagreed with Mr. Klutz’s comment, he felt Blowing Rock
was a tourist town with a tourist economy and parking spaces were needed in
order for people to continue to visit Blowing Rock.
Commissioner Klutz stated a parking study had been done previously and
it needed to be revisited before building this structure. He stated once again
that he did not like where the structure was being built.
Commissioner Ball advised that Council had looked at other lots
available in the downtown area and the prices were excessive and it was more
feasible to add more parking to an existing parking area. Mrs. Ball advised the design of the structure
was very attractive and blended well with the surrounding area. She felt with proper landscaping the
structure would look very nice. She also
stated the Town had an obligation to provide parking for visitors as well as
residents who came to town and could not find a parking space.
Town Manager Hildebran commented the original parking study was being
followed and the American Legion Parking Structure was only one component of
the plan. He stated that additional
signage letting people know where to find parking as well as the new kiosks
were also a part of the parking plan.
Commissioner Klutz stated personally he thought other avenues could be
found to help with the parking situation.
Audience member Barbara Wright inquired why this deck was being built
when another deck was planned.
Commissioner Ball responded the other deck was in conjunction with the
proposed museum in order to save money.
Commissioner Yount asked that the following excerpt from the Vision 2000
Community Survey be added for the record.
Mr. Yount read the following “What type parking should be added; parking
lots 59% and parking decks 19%.”
Commissioner Yount stated “this was a big difference and if it walks
like a duck, talks like a duck, and quacks like a duck, it’s a duck and that is
the parking deck.” Commissioner Yount
reinforced that he could not support a parking deck in a 119-year old town that
had never had one.
Commissioner Yount inquired how many additional spaces would be
gained. Town Engineer Chapman stated
presently there were 35 spaces on the lower lot. He stated that 40 spaces would
be added to the upper portion of the facility plus 52 spaces on the lower lot,
which would be a net gain of 57 spaces. Commissioner Yount asked to see the
plans for the facility. Mayor Lawrence
stated the CUP had been approved three months prior. Mr. Yount stated he had not seen the changes
that were being made, such as an added sidewalk on the west side of the
structure.
Audience member Ruth Klutz inquired where Art in the Park would be held
once the parking deck was constructed.
Mayor Lawrence stated the exhibitors would be placed on the top level of
the deck. Commissioner Yount asked who
made that decision. Commissioner Tester
stated the Town had a contract with the Chamber of Commerce for Art in the Park
and felt the Town should honor the contract authorizing them to utilize the
parking area. He felt this conversation
should be held once the contract was up.
After further discussion regarding the parking structure, Mayor Lawrence
recommended that Council consider the two items separately.
Mayor
Mayor Lawrence called for a motion on the second item; Water/Wastewater
Improvements. Commissioner Ball made a
motion to accept low bid of $1,545,925.00 from Gilbert Engineering Co. and to
move forward with the project, seconded by Commissioner Klutz. Unanimously approved.
2.
Budget Amendment
(Ordinance #2008-03)
Town Manager Hildebran presented Council with Budget Amendment
(Ordinance #2008-03) for their consideration.
Mr. Hildebran conveyed the General Fund amendment was to allocate
donated funds from Kilwin’s Ice Cream for the Parks & Recreation Davant
Field dugout benches as well as donated funds to be allocated to the Fire
Department’s Capital Fund to be applied to a grant funding the purchase of a
Trench/Shoring Rescue Trailer.
The General Capital Projects Fund amendment was to allocate funds
currently in the Parking Facility Reserve to be used for Architect/Engineering
Fees as well as allocate interest income to the Parking Facility Reserve.
Commissioner Tester made a motion to approve Budget Amendment Ordinance
#2008-03 as presented, seconded by Commissioner Ball. Unanimously approved. Ordinance #2008-03 Exhibit
E
SPEAKERS FROM THE
FLOOR
None
DEPARTMENTAL
REPORTS
Town Manager Hildebran requested that formal action be taken to reduce
Stage III Water Restrictions to Stage I and to access this matter further at
the next regular meeting. Mr. Hildebran
stated due to recent precipitation the Town reservoir was almost at full pond.
Commissioner Pickett made a motion to move to Stage I Water
Restrictions, seconded by Commissioner Ball. Unanimously approved.
Commissioner Pickett made a motion to enter into Executive Session at
8:10 p.m. to obtain legal advice from Town Attorney Moseley seconded by
Commissioner Ball.
ADJOURNMENT
The regular meeting reconvened at 8:45 p.m. and with no further
discussion the meeting was adjourned.
MAYOR
_____________________________
J.B. Lawrence
Attest: ________________________
Sharon Greene, Town Clerk
ATTACHMENTS
CUP #2008-01 – Exhibit A
Resolution #2008-01 – Exhibit B
Resolution #2008-02 – Exhibit C
Resolution #2008-03 – Exhibit D
Ordinance #2008-03 – Exhibit E