MINUTES

Town of Blowing Rock

Board of Commissioners

March 13, 2007

The Town of Blowing Rock Board of Commissioners met in regular session on Tuesday, March 13, 2007 in the Town Hall Council Chambers. Present were Mayor J.B. Lawrence, Commissioners Bobby Ball, Keith Tester, Terry Lentz, Rita Wiseman 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, Finance Officer Margaret Pierce, Human Resource Director Alicia Kellam, Parks & Recreation Director Jennifer Brown, Emergency Services Director Kent Graham and Town Clerk Sharon Greene.

CALL TO ORDER

Mayor Lawrence called the meeting to order at 7:00 p.m. and welcomed those in attendance.

APPROVAL OF MINUTES

A motion to approve the minutes as written for meetings held on February 13, 26 and 27, 2007 was made by Commissioner Wiseman, seconded by Commissioner Ball. Unanimously approved.

PRESENTATION

Prior to the Council meeting at 6:00 p.m., a reception was given honoring volunteers on various town boards for their years of service. Members whose term ended were Mr. Cullie Tarleton and Dennis Quinn of the Planning Board and Bob McCants of the Board of Adjustment. Mayor Lawrence recognized all volunteer board members past and present for their time and hard work on these boards and for taking an interest in the betterment of their community.

PUBLIC HEARING

Planning Director Kevin Rothrock and applicant Robert Johnson were sworn to speak during the following public hearing.

1. CUP #2007-01 – Village Hardware

Planning Director Kevin Rothrock presented Council with a request from Mr. Robert Johnson for a major amendment to Conditional Use Permit #1997-04 to fully enclose the existing retail storage area, expand the upstairs living unit, and modify the exterior of the Village Hardware store located at 312 Green Street. The addition would include a one-car garage, office, storage and a public restroom.

During the September 9, 1997 meeting, the applicant received approval of a conditional use permit to operate the Village Hardware store. The original CUP limited the outdoor storage to 320 square feet within the fenced area adjacent to the building. An amendment to allow the outdoor storage area to be covered with a green metal roof was given on August 10, 1999. The storage area was limited to approximately 400 square feet with the amendment.

Mr. Rothrock advised that under “landscaping” in the CUP a “semi-opaque” screening would normally be required between the proposed garage and the adjacent home to the west. In this particular situation the adjacent homeowner currently uses the area for a turnaround. If additional plantings were added to that area it would restrict the homeowner’s use. Mr. Rothrock asked that an exception be made to the CUP. Commissioner Tester asked if this had been discussed with the homeowner. Mr. Rothrock advised that it had not, but he had received notice of the meetings being held regarding this project. Commissioner Tester stated the CUP should state that the “semi opaque” buffer between Mr. H.C. Howard, Jr. and the applicant should be omitted subject to the homeowner agreeing to the change.

Commissioner Lentz inquired if outside storage was allowed at the present time. Mr. Rothrock stated he was unsure, but would check the original CUP.

Commissioner Tester advised that he had a problem with Item #2 in the CUP. He felt it should be reworded to alleviate confusion later regarding the square footage on the retail storage area.

Commissioner Wiseman inquired if the proposed office space would be used by the applicant only and if a doorway existed into it from the hardware store. Mr. Johnson stated there was an existing door now and the office space was for their use only. Commissioner Wiseman also asked the applicant if he had spoken with the adjacent homeowner regarding the buffer issue. Mr. Johnson stated that he had talked with the adjacent homeowner and he was in agreement, because his driveway was so close to his lot line, he needed that space to turn his vehicle. Mr. Johnson stated his building was in need of a face-lift to match the neighborhood and that was why he was requesting the major amendment to the original CUP.

A motion to close the public hearing was given by Commissioner Wiseman, seconded by Commissioner Ball. Unanimously approved.

Commissioner Tester made a motion to approve CUP #2007-01 with the following changes; Item #2 should be reworded to say the net increase of retail storage should not exceed 400 square feet; Item #6 should be contingent on agreement of adjacent homeowner; and an item added that stated “with this amendment no outside storage should be allowed.” Commissioner Ball asked if this would mean the porch area also. Commissioner Tester stated the original CUP stated no outside storage except in the covered area, which eliminated the porch at that time. Mayor Lawrence asked that Commissioner Tester define outside storage and outside display for sale since there was a difference. Commissioner Wiseman suggested that both be added to the motion. Commissioner Tester amended his motion to include no outside storage or outside display. The motion received a second from Commissioner Lentz. Commissioner Klutz stated he would like the outside display to be allowed. Commissioner Tester advised that it would take more than eliminating wording in his motion to change this. It would take modifying the original CUP which read “no outside storage allowed”. He also stated if Commissioner Klutz wanted to pursue this issue, they would have to address the whole issue of outside display. Commissioner Wiseman stated the reason outdoor storage was not allowed was because this project is a non-conforming use in the middle of a residential neighborhood, and in order to keep the residential flavor outdoor display and storage were restricted from the original CUP. There being no further discussion, the motion was unanimously approved. CUP #2007-01 Village Hardware Major Amendment - Exhibit A

OLD BUSINESS

1. Wind Mills – Moratorium Extension

Planning Director Rothrock stated during the February Planning Board meeting, amendments to the draft ordinance to prohibit wind energy devices in the Town’s planning and zoning jurisdiction were discussed. After hearing of several proponents of wind energy systems and sustainable energy, the Planning Board asked that the draft ordinance be reconsidered so that wind energy opportunities could be further studied.

With reference to the new information received, the Planning Board requested an additional 90-day moratorium added to the moratorium established in January by Council. The original moratorium would have expired in April. The Planning Board requested more time to study the ordinance and for Council to extend the moratorium until the July 10, 2007 meeting.

After no discussion on the issue, Commissioner Lentz made a motion to grant a 90-day extension to the current moratorium on wind energy devices to conclude in July of 2007. The motion received a second from Commissioner Ball. Unanimously approved.

NEW BUSINESS

1. Regina Pelsmaeker-Drainage/Erosion

Ms. Regina Pelsmaeker a resident of 426 Wallingford Street approached Council requesting assistance from the town with her on-going erosion/drainage problems. Ms. Pelsmaeker advised the storm water was under control after moving her home from across the street to its present location. Ms. Pelsmaeker stated she took necessary measures to capture the storm water so it could be piped into a storm water drain located on Wallingford Street. Ms. Pelsmaeker stated the storm water problems were resolved until construction on the adjacent home owned by Mr. Larry Moseley began. She stated that several loads of dirt were brought in to raise the property which then diverted the storm water towards the drain she had previously installed. She stated the drain could not handle the extra storm water, so she increased the drains by adding another yard drain. Ms. Pelsmaeker stated after the increase in drains the problem still existed. She sent a letter to the Town and talked with Mr. Rothrock on numerous occasions and was told her drains were inadequate. Ms. Pelsmaeker agreed her drains were inadequate because they were not designed to carry the extra storm water from the new home being constructed. Ms. Pelsmaeker stated after several attempts at solving her water problem, her next option was to ask Council for assistance. Ms. Pelsmaeker stated the original plan for the property was to build two sets of duplexes which had a storm water plan that would capture the water and release it onto Wallingford Street in a controlled manner. According to Ms. Pelsmaeker, some type of miscommunication occurred and the plan fell through. Ms. Pelsmaeker stated that something needed to be done even though duplexes were not constructed. She also stated in a letter she received from the Town, Mr. Rothrock advised the contractor had left the storm water for the project in fair condition. Ms. Pelsmaeker disagreed and stated she had documentation proving problems still existed. Ms. Pelsmaeker stated she had spent approximately $2,000-$2,500 trying to remedy the problem. Ms. Pelsmaeker stated that adjacent property owner Louise Absher also wished to address Council regarding this issue.

Mrs. Absher stated she was owner of the property adjacent to her daughters and was experiencing run-off and erosion problems also. According to Mrs. Absher problems of this nature existed 50 years prior. She stated her husband Mr. Bill Greene and their neighbor Mr. Steve Johnson had approached Council at that time asking for assistance with the storm water problems on Wallingford Street. After being told the town could not install a culvert, Mr. Greene and Mr. Johnson proceeded to install a 3X3 foot culvert that carries the storm water presently. Mrs. Absher stated 50 years later they were fighting the same problem once again. Mrs. Absher requested that the town help with this situation.

Virginia Jones, a civil engineer assisting Ms. Pelsmaeker also spoke on the issue. Ms. Jones stated her training for the past 20 years had been with drainage and erosion problems such as this one. Ms. Jones advised the Town Engineer and Planning Director both acknowledged an underground storm water system was needed when multi-family use was planned for the property and felt it was still needed even though the plans had changed from multi-family to single-family use. Ms. Jones felt there was more impervious service area with the single-family homes which increased the run-off and was damaging properties downstream.

Commissioner Tester inquired if prior to construction, did the drainage system handle the run-off sufficiently. Ms. Pelsmaeker responded it had been draining properly.

Commissioner Tester stated the Town Code did not require storm water management for single-family homes, but there was a blanket statement that says “single-family homes should not turn water in a manner that damaged properties downstream.” Commissioner Tester asked if anyone had a suggestion as to how this problem could be fixed. Ms. Jones stated that an underground system was needed that carried the water to the low area at the southeast corner of Ms. Pelsmaeker’s property. She also advised that Ms. Pelsmaeker and Ms. Absher had agreed to a 10-foot drainage easement. Ms. Jones felt this drainage system would cost in the range of $5,000-$7,500 dollars. Commissioner Tester asked if this plan had been discussed with Mr. Moseley. Ms. Pelsmaeker stated that it had not. Ms. Jones stated she understood the town could not require the property owner to install this system and that is why they were there to ask that the town override this decision. Mr. Moseley stated he had been in the building business for 35 years and he did not see that the addition of his home to the area had increased the water problems that dramatically. He stated that he had talked with the county and the town and had done what he was asked to do. Commissioner Klutz suggested instead of splash guards and downspouts, if installing pipe would help. Mr. Moseley stated there wasn’t a place and a splash guard system with downspouts was what the town suggested. Mr. Moseley stated he felt the addition of his home and driveway had not contributed to the water problems in that area there were problems before. Mr. Moseley felt the water problems were coming from property located above his home. He stated that a tremendous amount of rain came onto his property.

Mayor Lawrence said after looking at the photographs provided by Ms, Pelsmaeker, he could see that some damage had occurred because the drain was covered in silt and it was a known fact that an increase in impervious area would increase run-off downstream. Commissioner Wiseman asked if the Public Works Director had looked at the area. Mr. Lentz responded that Ms. Pelsmaeker’s home was in a low spot and got all the water run-off in that area because that was the natural flow for the water. Mrs. Absher responded she had not experienced any problems until the additional home was built. Mr. Lentz stated that area was where the water had always gone. Commissioner Wiseman asked Mr. Lentz what his thoughts were on a solution to the problem. Mr. Lentz stated the original plan for the multi-family project was needed now with the single-family homes. Commissioner Wiseman stated the town could no longer require that plan because the use had changed. Commissioner Ball asked Planning Director Rothrock to interpret the Town Code regarding this issue. While Mr. Rothrock was reviewing the code, Mr. Lentz stated that an underground system was needed in order to remedy the problem. Mr. Rothrock returned and read the following section from the Town Code:

Section 16-263 Storm Water Management (A) All developments shall be constructed and surface waters as a result of such developments. More specifically: (1) No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and (2) No development may be constructed or maintained so that the surface waters from such development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties.

Commissioner Ball felt it was not reasonable to say the Town Code did not pertain to this situation. Commissioner Tester stated he felt the first few sentences did in fact apply to this situation, but storm water management did not. Commissioner Tester stated his interpretation of the code stated the property owner could not pond the water up and affect property above or direct and release it on properties downstream.

Mr. Rothrock stated water from other areas such as Morningside Drive, the hotel property and the gravel lot also contributed to the problem. Commissioner Tester stated having heard what Mr. Moseley and the property owners downstream had said, he asked if the Town had determined whether or not the addition of the new home had substantially changed the flow of the water. If so, had the new home become a catch basin for the water in the area and was it being channeled onto Ms. Pelsmaeker’s property? Commissioner Tester asked if the town engineer had looked at the situation. Mr. Chapman stated that he had looked at the site, but not during a rainfall. Mr. Chapman stated that when a structure was added with a driveway there would be more water run-off than there was before. Previously it was only a grassed area and the water would infiltrate into the grassed area. He also stated he could not see that all the water on the site was being channeled off in one place, but he had not seen it during a rainfall. He did not feel it was any different than other places he had looked at in town. He stated he had looked at the site when the original CUP was being reviewed for the duplexes and the town could require a storm water system for that project in their CUP. Now that single-family homes were being built, the storm water system is not required by the Land Use Code.

Mr. Moseley stated he had the same problem with water running onto his property from the lot above him. He stated photographs that Ms. Pelsmaeker had taken indicated where the water was coming from.

Commissioner Lentz asked where the water would go once it got to Wallingford Street. Public Works Director stated the water would go into the pipe that Mrs. Absher had spoken of previously. Commissioner Klutz asked what size the pipe was. Public Works Director Lentz stated it was a 24 inch pipe and that it had been replaced up to the back of Mrs. Absher’s property adjacent to the Grover Robbins Pool parking lot. Commissioner Klutz inquired as to what size pipe would be needed to remedy this particular problem and how many feet of pipe would be needed to reach the catch basin on Wallingford Street. Mr. Chapman stated that approximately 170 feet would be needed. Commissioner Lentz asked if the pipe was put in behind the Pelsmaeker/Absher property up to the Moseley property, what the approximate cost would be. Public Works Director Lentz stated the approximate cost would be around $2,500.00 for the pipe only. After further discussion, Commissioner Tester stated that everyone involved were tax payers and he felt it was not appropriate for the Town of Blowing Rock to say the Code would allow this and the problem keep getting worse. He suggested Mr. Chapman look at the problem and try to arrive at a solution. Commissioner Tester stated it was not all Mr. Moseley’s or Ms. Pelsmaeker’s problem and felt the Town should do more than just apply the Code to this case. Mayor Lawrence asked Commissioner Tester if this was a motion, Commissioner Tester stated it was in fact a motion. Commissioner Wiseman seconded Mr. Tester’s motion. Mayor Lawrence asked for further discussion on the matter. Commissioner Lentz directed further questions to Mr. Moseley; inquiring if the Town was able to get the drainage line to his property line, would he be willing to tie everything else he was going to do to this line. Mr. Moseley stated he would, but he did not think this fixed the problem he was having above his property. Commissioner Lentz inquired if Mr. Moseley would agree to put storm pipe in when he paved his driveway. Mr. Moseley stated he would be willing to do this. Commissioner Wiseman also stated that he felt Mr. Moseley should extend the pipe past his property line and channel water into a certain area. Commissioner Lentz stated Town Engineer, Doug Chapman would be reviewing the water problem upstream and would relay his suggestions for fixing the problem after further review. Town Manager Hildebran reminded Council that the residents of Laurel Park were experiencing similar issues and that Mr. Chapman had reviewed their drainage problems and stated the cost for improvement would be substantial. Commissioner Tester stated he understood that, but residents had complained for several years and he felt the Town should do something about it. Town Manager Hildebran stated the Town storm water study would be finished in approximately three months and would provide Council a comprehensive review of storm water issues. Mr. Hildebran also stated that the recent complaints were legitimate problems, but suggested the town should due to costs, review these issues in a comprehensive manner. Commissioner Tester stated the town should deal with the problem. Mayor Lawrence as well as other members of the Board stated they would deal with the issue case by case. Mayor Lawrence asked Council to vote on the motion given by Commissioner Tester. Unanimously approved.

2. Troyer Lot - Annexation Petition (Resolution #2007-04 & 2007-05)

Planning Director Rothrock presented Council with a request from Mr. Kevin Troyer of 444, Inc. for annexation of a lot off Gideon Ridge Lane. Mr. Troyer was in the process of building a new home on the lot and wanted to connect to the Town’s water system. Mr. Rothrock stated a private line owned by Ms. Sue Glenn which runs along Gideon Ridge Lane and is currently available to the property and is connected to the Town’s water system.

Mr. Rothrock advised over the past several years, it has been the Town’s policy to require properties desiring public water or sewer to first be annexed into the Town limits. Other properties outside of Town in the Gideon Ridge area are currently connected to Town water and have been connected for years and pay double water rates to the Town.

To avoid the satellite annexation process, Mr. Rothrock recommended the subject property if annexed, be effective on June 30, 2008 consistent with the proposed Gideon Ridge Area Annexation. He recommended that Mr. Troyer be allowed to connect to Town water and pay double rates until an annexation ordinance is adopted by Town Council. After June 30, 2008, the property would be annexed and then revert to normal water billing rates.

Commissioner Tester asked if it would be possible to make this part of the Gideon Ridge annexation process. Mr. Rothrock stated at the time of consideration, this property could not be included because of the ratio of urban property in the area. He stated he felt it was best to avoid satellite annexation. Commissioner Wiseman asked if the two lots to either side of the Troyer lot wanted to be annexed would this affect the ratio. Town Manager Hildebran stated the lot to the east of the Troyer lot was where the recent slide had occurred and N.C.D.O.T. had purchased the property. He also stated the lot to the west was on the market at the present time and if someone constructed a home they could petition for annexation into the town if they desired. Mr. Rothrock stated they would go through the same process as Mr. Troyer.

After further discussion, a motion to approve Resolution 2007-04 and 2007-05 was made by Commissioner Wiseman, seconded by Commissioner Klutz. Unanimously approved. Resolution #2007-04 Exhibit B – Certificate of Sufficiency Exhibit B-1 - Resolution #2007-05 Exhibit C

3. Carriage Ride Request

Town Manager Hildebran presented a request to Council from Mr. Jimmy Parlier of Parlier Carriages for authorization to conduct carriage rides in the downtown area on weekends from May 19 through October 28.

According to Town policy, from August 9, 1994, all carriage rides must be approved by the Council – with the following items to be addressed:

1. Sponsoring party
2. Valid certificate of insurance for the duration of license period
3. Proposed route
4. Days/hours of operation
5. Months of operation
6. Inclement weather
7. Plan safety/cleanliness
8. Plan for housing/feeding horses
9. Rates
10. Business license

Mr. Hildebran stated the following concerns had been raised during staff review of the request:

1. No sponsoring party (i.e., Green Park Inn, Chamber of Commerce, etc.)
2. No physical presence in Blowing Rock for questions/complaints (i.e. office location)
3. Proposed route runs along Park Avenue adjacent to the fire/rescue department
4. Pick up-Drop off located at the Pictorial Museum (town property)
5. Traffic congestion during peak period operation (Art in the Park, Mitford Days, etc.)
6. Increase insurance coverage to $1,000,000 general liability minimum with town as additional insured

Mr. Parlier was present to answer questions Council had regarding his request. Mayor Lawrence inquired how long Parlier Carriages had been in business. Mr. Parlier stated for approximately 10 years. Commissioner Tester asked if Mr. Parlier had discussed his pick up-drop off location with the Blowing Rock Historical Society since it was proposed in front of the Pictorial Museum. Mr. Parlier stated he had not, but Mr. Hardin of the Blowing Rock Chamber of Commerce had told him this was where others had done it in the past. Mayor Lawrence asked Police Chief Eric Brown if he had any concerns regarding the proposed route. Chief Brown advised that he did have some concerns with the route. He felt the use of Park Avenue should be avoided and that traffic along Main Street should be accessed from time to time due to the increase in Main Street traffic over the past several years. Chief Brown stated he was not necessarily opposed to the use of Main Street but he did have concerns with the traffic issue.

Commissioner Klutz asked Emergency Services Director Kent Graham if he had concerns regarding the proposed carriage rides. Mr. Graham stated a huge percentage of the reason the fire/rescue operations were being moved from the area on Park Avenue was the traffic congestion problems. He felt this would only add to the complications they were experiencing at the present time.

Commissioner Tester asked Mr. Parlier if he had discussed the route with Mr. Hardin of the Chamber of Commerce. Mr. Parlier stated that Mr. Hardin had recommended the proposed route, and he had also come up with an alternative route using streets such as Pine, Chestnut, Laurel Lane, etc. Commissioner Tester stated he shared Chief Brown’s concerns regarding congestion of traffic along Main Street, and he was also concerned with the proposed route being in neighborhoods. He asked if residents were aware of the request for carriage rides in certain neighborhoods in town.

Commissioner Ball inquired if Mr. Parlier was aware of others trying this type of business in Blowing Rock before and how successful they had been. Mr. Parlier stated he knew there had been other carriage ride businesses in town, and he had not discussed how successful they had been. Commissioner Ball inquired if Mr. Parlier was aware of the massive traffic in the area during the peak periods. Mr. Parlier responded he had been raised in the Deep Gap area and was very aware of the traffic. He stated he had worked various festivals in the surrounding areas and his drivers and horses were very used to the traffic, noise, etc.

Commissioner Wiseman stated she had received a call from an area merchant who stated historically there had been problems with other vendors such as this one with spillage along their route not being cleaned up. She also voiced her concerns with the route along Park Avenue.

Mayor Lawrence stated he recognized Mr. Parlier’s willingness to expand his enterprise, and even though he was not a voting member of Council, he would probably vote against the carriage ride request. He did not feel that Blowing Rock was the appropriate place for this type of business. Commissioner Tester made a motion to deny the request, seconded by Commissioner Klutz. Unanimously approved.

4. Emergency Services Building Project – Change Order #2007-06)

On September 12, 2006, Council authorized the execution of a contract with Amber Contracting Company for $4,276,000 to construct a 21,800 square foot emergency services facility, including both site and building construction, to be located at 8001 Valley Boulevard.

Town Manger Hildebran stated the following adjustments to the contract would need Council’s approval:

• Plumbing Permit review changes per NCDOI ($4,488.44)
• HVAC Permit review changes per NCDOI ($655.49)
• Electrical Permit review changes per NCDOI ($3,638.53)
• Additional Fire Hydrant ($4,254.58)
• Addition of steel casing sleeve per NCDOI ($2,527.53)

The total change order would be $15,564.57 and would be well within the $276,000, which was budgeted for contingencies for this project.

A motion was made by Commissioner Lentz, seconded by Commissioner Ball to approve Change Order #001. Unanimously approved. Emergency Services Building Change Order #001 Exhibit D

5. Minimum Tax Bill Policy (Resolution #2007-06)

Town Manager Hildebran presented Council with a draft resolution adopting a tax/underpayment overpayment policy, which would permit the Tax Collector to treat all underpayments and overpayments of one dollar ($1.00) or less as accurate payments.

These actions would be reported to Council and included in the Tax Collector’s Annual Settlement Report. This policy would save the town the costs associated with collection or reimbursement on nominal payments.

Mr. Hildebran stated he had included a legal summary regarding property tax underpayment/overpayments for their review, stating that a governing board of a unit may permit the tax collector to ignore small underpayments or overpayments of taxes. By law, the amount of such under or overpayment may not exceed $1.00 (G.S. 105-357(c).

If permitted by Council, the Tax Collector will not attempt to collect amounts underpaid up to $1.00 or return amounts overpaid up to $1.00 but will keep track of these amounts by receipt number and amount and report these payments to Council as a part of the annual settlement.

Mr. Hildebran stated if Council chose to allow this practice, (1) it must adopt the enclosed resolution stating such before June 15 of the year in which it will apply, (2) it must apply to all taxes levied in previous years, and (3) it must continue in effect until repealed or amended by resolution of the board (G.S. 105-357(c) (1)-(3).

Commissioner Wiseman made a motion to approve Resolution #2007-06 as presented, seconded by Commissioner Ball. Unanimously approved. Resolution #2007-06 Exhibit E

Speakers from the Floor

None

Departmental Reports

Town Manager Hildebran announced the scheduled date for the annual BRAAC Clean-up Day would be April 21, 2007.

Mr. Hildebran also advised the picnic shelter in Memorial Park was approximately 75 percent complete.

Adjournment

With no further business to discuss, the meeting was adjourned at 9:00 p.m.

Mayor _____________________________

J.B. Lawrence

Attest: ___________________________

Sharon Greene, Town Clerk

March 13, 2007 Meeting Attachments:

• CUP #2007-01 Village Hardware (Exhibit A)
• Resolution #2007-04 & #2007-05 Troyer Lot Annexation (Exhibits B
• & C)
• EMS Change Order #001 (Exhibit D)
• Resolution #2007-06 Minimum Tax Bill Policy (Exhibit E)