MINUTES
Town of Blowing Rock
Board of Commissioners
May 13, 2008
The
Town of Blowing Rock Board of Commissioners met in regular session on Tuesday,
May 13, 2008 beginning at 6:00 p.m.
Present were Mayor J.B. Lawrence, Commissioners Bobby Ball, Keith
Tester, Phil Pickett, Albert Yount and Tommy Klutz. Others in attendance were Town Manager Scott
Hildebran, Town Attorney Allen Moseley, Town Engineer Doug Chapman, Public
Works Director Johnny Lentz, Planning Director Kevin Rothrock, Police Chief Eric
Brown, Building Inspector Jesse Horner, Finance Director Nicole Norman,
Emergency Services Director Kent Graham, 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
Commissioner
Tester made a motion to approve minutes for meetings held on April 8 (including
closed session minutes), April 28, and May 5, 2008 with one correction on page
7, which stated Blowing Rock Fire Chief Eric Brown to Blowing Rock Police Chief
Eric Brown in the April 28, 2008 minutes.
The motion received a second from Commissioner Ball . Unanimously approved.
PUBLIC HEARING
A
public hearing was held for public comment to consider initial zoning of Gideon
Ridge Area including the Blowing Rock visitor attraction which will be annexed
into the Town’s corporate limits on June 30, 2008. The properties included in the annexation are
currently zoned under
Mr.
Rothrock also advised that Town staff was currently in the process of drafting
language to establish a Historic Properties Overly District or provide
ordinance flexibility for the Gideon Ridge Inn, the Blowing Rock visitor
attraction, and the Green Park Inn. The
purpose for the overlay district or ordinance amendment would be to recognize
the historic significance of these properties and provide some flexibility with
regard to future expansion.
During
the April 17th meeting of the Planning Board a recommendation to
rezone the property to R-15 single-family was made.
After
several questions regarding the overlay district Mr. Rothrock explained that
under the current ordinance the Gideon Ridge Inn, Green Park Inn and Blowing
Rock visitor attraction could not expand.
He advised that an overlay district would allow for future
expansion. Town Manager Hildebran stated
that under
Commissioner
Klutz inquired if the Blowing Rock visitor attraction would be able to revert
back to the days when it was a tavern.
Mr. Rothrock responded that it would not.
With
no further discussion, a motion was made by Commissioner Tester, seconded by
Commissioner Ball to close the public hearing.
Unanimously approved.
Commissioner
Tester continued with a motion to approve RZ #2008-01 – Gideon Ridge Area
Zoning as presented, seconded by Commissioner Pickett. Unanimously approved. RZ #2008-01 Exhibit A
Mr.
Rothrock stated the Troyer (444 Inc.) property on
During
their April 17, 2008 meeting, the Planning Board recommended the property be
re-zoned R-15 single-family.
With
no further discussion, Commissioner Tester made a motion to close the public hearing,
seconded by Commissioner Pickett. Unanimously approved.
A
motion was made by Commissioner Tester to accept RZ #2008-02 as presented,
seconded by Commissioner Ball. Unanimously approved.
RZ #2008-02 Exhibit B
Planning
Director Kevin Rothrock, Mr. Randy Jones of David R. Jones Architect, and Mr.
Kent Tarbutton owner of Chetola Resort were sworn to
speak during the public hearing.
Planning
Director Rothrock presented Council with a request from RSK, LLC d/b/a Chetola Mountain Resorts for a conditional use permit to
amend CUP 93-08 to construct two condo buildings and a 6-unit building for a
total of ten 3-bedroom units. According
to the CUP request, a new access road would be extended from the end of
Mr.
Rothrock spoke regarding the storm water management, watershed, parking etc.
for the proposed project.
The
Planning Board also recommended the approval of conditional use permit as
submitted during their April 17, 2008 meeting.
Commissioner
Tester questioned item #4 of the proposed CUP.
He inquired if calculations had been done regarding the 6% limitation in
the WS-II-CA and if they were within those limitations. Mr. Rothrock assured Mr. Tester the
calculations had been verified and they were within the limitations.
Commissioner
Ball had questions regarding materials being used on the proposed condos and
vegetation between the condos and adjoining properties. Commissioner Ball advised the area where the
condos were planned was visible from the By-pass. She felt there should be more
stonework and wood incorporated into the design in order to blend into their
surroundings since they were visible from the highway. Mr. Randy Jones spoke further on the design
plans and materials to be used.
Mr.
Tarbutton said the only problem that he could foresee in the future would be if
the Tanger property ever sold. He noted that he would
be willing to add more vegetation if needed should that ever happen. Mr. Tarbutton stated the materials used for
the condos were in keeping with other condominiums at Chetola,
which was a requirement in the original PUD he received from the Town. He also stated several years ago the colors
of the buildings had been changed to blend better with their surroundings.
At
Commissioner Yount’s request, Mr. Tarbutton updated
Council on future growth planned for Chetola.
Mr.
Jones stated Mr. Michael Trew was now present and had
further information regarding Mrs. Ball’s concerns regarding vegetation.
At
this time, Mr. Michael Trew was sworn to speak
regarding the proposed project.
Mr.
Trew presented Council with more diagrams pertaining to
the project showing existing trees between the proposed project and Tanger properties.
Commissioner
Klutz asked if any trees were to be removed for construction. Mr. Trew explained
some trees would be removed in order to put in the storm detention for the
project, but they planned to salvage as many trees as possible.
Mrs.
Marie Weingartner was sworn to speak during the
public hearing.
Chetola
resident Marie Weingartner expressed concerns
regarding a proposed trail for the project rather than a sidewalk. Mrs. Weingartner
was unsure where the new trail would connect and who would be responsible for
the upkeep of the trail. Mr. Tarbutton
explained the trail for this project would be a cedar and timber trail like the
one at “the Ponds”. He stated the new
trail would be connected to the trail leading to
A
motion to close the public hearing was made by Commissioner Klutz, seconded by
Commissioner Ball. Unanimously
approved.
Commissioner
Ball made a motion to approve CUP#2007-14 as presented, seconded by
Commissioner Klutz. Commissioner Tester
requested the motion be modified to include the statement that after the
project was built, and more greenery was needed, the applicant would work with
the Town in that respect. Commissioner Ball agreed to the modification,
seconded by Commissioner Klutz. Unanimously approved.
CUP #2007-14 Exhibit C
The
Town of
The
new pool will be built in the same location as the current pool but with
different amenities. The new pool will
have “zero-entry” access, splash play area, general play area, and lap swim
lanes. The pool house will be more
functional with updated restrooms and showers, and the covered picnic area will
be expanded. Two public restrooms will
be added to the parking lot side of the building, which will be accessible from
the outside. The new playground area
will be adjacent to the new picnic shelter.
During
the April 17th meeting of the Planning Board, a recommendation to
approve CUP #2008-02 was made with the condition that the playground area be
Commissioner
Ball expressed concerns regarding the preservation of trees on the property and
fencing around the new facility. Mrs.
Ball suggested something more attractive than a chain link fence be erected.
Commissioner Tester expressed that he would like to have vegetation around the
fence also.
Mr.
Hildebran expressed if screening around the pool was too dense, late night
activity could not be seen clearly. He
felt other options for fencing around the project could be investigated. Several members of Council suggested a more
attractive fencing material, possibly, a vinyl colored fence.
Funding
for the project was addressed next by Town Manager Hildebran. He stated after receiving a PARTF Grant in
the amount of $500,000, $100,000 from the Broyhill
Family Foundation, $140,000 from the Town of Blowing Rock ABC Board, $50,000
from Watauga County, $30,000 from the Community Foundation, as well as
donations from local residents and money set aside for the project in the
Reserve Fund, funding for the $1,000,000.00 project had been met.
Mayor
Lawrence expressed his appreciation to Mr. Hildebran for efforts put forth in
acquiring funding for the new facility.
Mrs.
Louise Absher, adjacent property owner of
With
no further public comments, Commissioner Tester made a motion to close the
public hearing, seconded by Commissioner Ball.
Unanimously approved. A motion to approve CUP#2008-02 with the
condition that an adequate buffer be placed between Mrs. Absher’s
property and the proposed project was made by Commissioner Pickett, seconded by
Commissioner Ball. Unanimously
approved. CUP #2008-02 Exhibit C
OLD BUSINESS
Town
Manager Hildebran gave an update on the drought situation by stating even though
there was some improvement he recommended that the Town remain in Stage I Water
Conservation as recommended by the State.
Council concurred with the recommendation.
Mayor
Lawrence called for a short recess at this time.
The
meeting reconvened at 7:00 p.m. with the following items:
NEW BUSINESS
Joann
Mitchell, representing the
Commissioner
Tester advised he felt they were moving in the right direction but was
concerned with the timing of the document.
According to Mr. Tester in order for Council to make a decision to move
forward with the project, they must first have the following: drawings of the
proposed building to see what it would look like and how well it will fit on
the property, cost estimates, in order to know how much public funds would be
spent on the project, a funding plan, showing how the project would be paid for
and where the money would be coming from, and public input. Mr. Tester felt the document was premature
without first resolving those issues.
Town
Attorney Moseley stated the joint venture summarizes the design expenses to be
paid by BRAHM. Mr. Moseley asked Ms.
Mitchell what kind of commitment BRAHM was looking for from the Town before
incurring these expenses. Commissioner
Tester stated, according to the original agreement between the Town and BRAHM,
they (BRAHM) were obligated to spend money on the design. Mr. Moseley stated he understood, but BRAHM
might want to wait until they knew the Town was committed to doing the
project. Mr. Tester advised Council had
changed since the discussions began regarding the project, and there were only
two members of the present Council who were involved in all the discussions,
but the discussions so far, had been in line with doing the project. Commissioner Tester advised that Council was
not trying to back off from their intent, but before spending public funds they
needed a preliminary design of the project, cost estimates and funding plan for
the structure. Mr. Tester stated,
according to the lease agreement, BRAHM was obligated to do these things before
the Town obligates to build the structure.
The process Council needed to follow would be to see the design and
decide if they wanted to build the structure or lease property to BRAHM to
build a scaled down version of the parking structure, but asking the Town to
move forward without that was not consistent with the lease agreement.
Mr.
Moseley suggested adding a statement as part of the motion to address those
concerns.
Mr.
Tester asked for clarification regarding a sentence in the document written in
bold, which he felt must be of importance that read; “the Town and BRAHM shall
construct the museum and parking structure simultaneously.” Tester stated if BRAHM insisted that a
document be signed that night, then somewhere in the document a statement was
needed stating the town would not be obligated to go forward with the project
until the correct process was followed regarding the design, cost and
funding. Mr. Tester reiterated that he
did not feel comfortable signing anything that might imply the Town was
approving the project because Council would be walking away from their
responsibility to the people of Blowing Rock.
Mr.
Moseley stated BRAHM was asking for approval of the concept, but until the
contract was signed, wording could be added to the joint venture document to
reflect the process Mr. Tester had talked about.
Ms.
Mitchell stated Town Manager Hildebran had a cost estimate given to him that day,
and according to the minutes of Council Retreat, it was their understanding
that authorization had been given to move forward. Mr. Tester stated moving forward with design
input only.
Ms.
Mitchell also stated that Town Manager Hildebran had been very helpful in
gathering information to present to Council and she understood the joint
venture to be an agreement between the Town and BRAHM to work together as
partners. Ms. Mitchell advised that
BRAHM would move forward and let the Town provide the joint venture agreement
for them to sign. According to Ms. Mitchell, BRAHM needed to start the CUP
process since they had a deadline to meet and that was the time to hear public
input.
Mr.
Tester stated, according to the schedule they were several months away from
that point and could not go through the CUP process without a design. Mr. Tester also said that an orderly process
needed to be followed before committing public funds to the project. He also advised the stipulation needed to be
added stating the Town could walk away from the project without any obligation
of any kind to BRAHM. Mr. Tester stated
if BRAHM brought the project before the Board and they decided not to build the
structure, then BRAHM would have to cancel it or add costs to the museum project
for the parking structure. Mr. Tester
reiterated his belief that a stipulation was needed stating the Town could walk
away without any obligation to BRAHM up through the CUP process.
Mr.
Tester stated the Joint Venture Agreement was a legal document to be signed and
recorded and the stipulation previously stated needed to be added to the
document, allowing the Town to walk away without any obligation to BRAHM.
Town
Attorney Moseley stated the problem was what to do first, and from BRAHM’s standpoint, money could be saved by doing a
design/build on both the museum and parking structure. The problem was timing, and he also felt
BRAHM wanted feedback from the Town on what to do first.
Mr.
Moseley stated in recognizing the Town could pull the plug on the project,
BRAHM was trying to get a contractor and architect on board and were banking on
the fact that the Town wanted to proceed with the project.
Commissioner
Ball stated the Town was not trying to get out of the project, but without
plans to look at, it would be hard to judge the cost and the Town needed a
ballpark figure. Mrs. Ball stated, Commissioner Tester
did not want to sign something that would obligate the Town before knowing how
much money is needed.” Mrs. Ball
continued by stating, “Council was behind the project concept but needed
figures and plans to look at.”
Mr.
Moseley stated while reviewing the Boone Construction contract with Town
Manager Hildebran the maximum price had been deleted and the Town needed a
guaranteed maximum price. Ms. Mitchell
stated she thought that was a reasonable request.
Ms.
Mitchell also stated that she, Town Attorney Moseley, and Town staff needed to
work out Council’s concerns regarding the contract and return in June. She
advised that BRAHM had spent six figures on changes etc., and would spend more
money in order to meet their obligation to the Town and their donors.
Mr.
Tester stated he felt it was only reasonable before entering into an agreement
to build, that Council needed a package with design, cost estimate, and a
funding plan so Council could propose to the people of Blowing Rock that this
project could be done, and the Town has the funds to do so. Mr. Tester noted the joint venture implied
the Town was setting up a business partnership without seeing a cost estimate
and so far he had only received a footprint and sketch.
Ms.
Mitchell inquired if Council would feel more comfortable if the joint venture
document was executed by the Town’s attorney and staff. Mr. Tester stated he more comfortable if a
document was put together with the design, a real cost estimate with Mr.
Hildebran reviewing the document to see if funding was available. Once
completed, BRAHM would bring it back before Council to decide.
Ms.
Mitchell stated BRAHM would move forward without the joint venture document
with the CUP application in order to meet their deadline. Commissioner Tester advised without plans it
would be several months before BRAHM could acquire a CUP. Commissioner Tester
stated a stipulation needed to be added to the agreement, stating the Town
would walk away at any time up through the CUP process without any obligation
to BRAHM financially or otherwise.
Mr.
Hildebran conveyed he had spoken with Ms. Mitchell earlier in the day and
advised he did not believe Council would be comfortable signing the document
without feedback and discussing their concerns regarding funding and the
comments heard tonight would be incorporated into the document.
Commissioner
Klutz voiced he had a problem with a partnership agreement, if BRAHM did build
the structure he would not be for it.
“The building is beautiful, but I would rather have a surface lot than a
deck, I would be in favor of a surface lot.”
Commissioner Klutz also stated he wanted BRAHM to build the building,
but he would rather the deck not be built, “I can’t be a part of it” he
replied. “The building is gorgeous, but
I would like to see you pursue a surface lot which I would be in favor of
voting for.”
Ms.
Mitchell replied that she appreciated Mr. Klutz’s consistency in holding that
position, but in all fairness, she would like to bring a picture and maybe
change his mind. Commissioner Klutz stated “No way, it’s not going to happen.”
Mr.
John Calvin advised some cost prices had been given to the Town.
Commissioner
Yount expressed a concern if the Town signed the document would it be
“poisoning the well, so to speak” for the Planning Board. Town Manager Hildebran stated the Town had
acquired special legislation from the General Assembly to do the design/build
method, which means the Town did not have to receive competitive bids, and by
biding privately, approximately twenty percent could be saved on the project. He also stated the building designs had not
been approved, the project would continue through the CUP process and according
to the original agreement, BRAHM was responsible for paying for the
architectural design and engineering costs, which most likely had been
approximately $100,000.00 or more.
Commissioner
Klutz asked for clarification on Section IV regarding mediation. He stated it
wasn’t that he didn’t respect what Mayor Lawrence and the President of BRAHM
had come up with regarding mediation, but he felt Council might be left out in
case there were problems between BRAHM and the Town. After reviewing Section
IV, Town Attorney Moseley advised if a dispute could not be resolved between
the Town and BRAHM, Council would be involved and that Mayor Lawrence was
representing the Board, not acting alone.
Commissioner Klutz felt it could be interpreted that way.
BRAHM
agreed to follow up on the Council comments.
During
the recent intergovernmental meetings with the Town of
Town
Manager Hildebran presented Council with Resolution #2008-03 stating the Town
Position on Consolidated Dispatch for their review. Commissioner Ball suggested the last
sentence of the last paragraph be changed, to state the Town of
Commissioner
Pickett expressed his support of the Town of
Commissioner
Yount asked for further explanation as to why the consolidated dispatch was
good for fire and rescue personnel and not police. Emergency Services Director Kent Graham
stated the main reason for the difference was the Police Department served the
city limits of Blowing Rock and Emergency Services served a 52 square mile area
and was already a part of the County operation.
After
opposing consolidated dispatch, Mr. Klutz wanted to know why Mr. Graham had
changed his mind. Mr. Graham stated his
stance was the same with regard to the level of service by the Police
Department in Blowing Rock with the welfare checks, intimate knowledge of the
area and the residents, etc. However,
while discussing the Fire/Rescue part of the consolidated dispatch, Mr. Graham
advised there were issues that needed correcting. With adequate representation
and keeping the police dispatch center he felt the consolidated dispatch for
the fire/rescue would be helpful. Mr.
Graham advised he was against a complete consolidation of all services. Commissioner Ball stated there were many
things the Emergency Services people did, the public were not aware of, that
made Blowing Rock the place that it is.
Mrs. Ball stated “if it isn’t broken why try to fix it?” Mr. Graham stated there were situations where
intimate knowledge of the area or the person was needed in life threatening
situations and that level of service needed to be maintained. Issues with
directions given by the County etc. needed improvement. Mr. Graham felt with
proper representation, a consolidated dispatch would work. Mr. Hildebran advised he did not think the
Medical Advisory Board would support the modified proposal. Mrs. Ball wanted the personal touch Blowing
Rock has to remain.
Commissioner
Klutz agreed with Mrs. Ball and stated Blowing Rock’s services were excellent
and the Town needed to keep the personal touch they now had. He did not want
Blowing Rock to lose anything further.
Mr. Hildebran advised a consolidation was at Council’s pleasure. Commissioner Pickett reiterated again his
support of town personnel regarding this issue.
A
motion to accept Resolution #2007-03, with Mrs. Ball’s modification to add that
Blowing Rock have significant representation was made by Commissioner Tester,
seconded by Commissioner Ball. In favor
of the motion were Tester, Ball, Yount and Pickett. Against the motion was Klutz. Motion carried. Resolution #2008-03 Exhibit D
Mr.
Hildebran presented Resolution #2008-04 to Council for consideration supporting
Appalachian State University and the Town of
A
motion to accept Resolution #2008-04 was made by Commissioner Yount, seconded
by Commissioner Tester. Unanimously approved.
Resolution #2008-04 Exhibit E
Town
Manager Hildebran presented Council with Resolution #2008-05 for their
consideration in support of
Mr.
Hildebran advised that
In
return for the incentives, Tweetsie would agree to
remain at their current location for a period of time to sufficiently fulfill
the commitment of the County. Tweetsie also agreed to invest $13,000,000 in improvements
to the park within a defined period of time, as well as provide Middle Fork
Greenway Association with an easement for a future greenway to be located along
the
Tweetsie
Raliroad provides an estimated $27,000,000 a year in
overall economic impact to the area, providing jobs and tourism to the area’s
hotels, retail and restaurants.
Mayor
Lawrence encouraged Council to support this resolution, stating it was critical
to the area. A motion to adopt
Resolution #2008-05 was made by Commissioner Ball, seconded by Commissioner
Klutz. Unanimously
approved. Resolution #2005-05 Exhibit F
Resolution
#2008-06 was presented to Council for consideration in support of the current
municipal annexation statutes and expressing opposition to the moratorium on
city initiated annexations proposed by N.C. House Select Committee on
Annexation.
Mr.
Hildebran stated the Town currently had pending annexations (Gideon Ridge Area
and the Troyer Annexation) effective June 30, 2008 which would be affected if
the moratorium passed. Mr. Hildebran
advised the Town had spent an extensive amount of time planning the pending
annexation and the Resolution being reviewed was in opposition to the proposed
annexation moratorium.
A
motion to accept Resolution #2008-06 was made by Commissioner Pickett, seconded
by Commissioner Ball. Unanimously
approved. Resolution #2008-06 Exhibit G
Town
Manager Hildebran presented Resolution #2008-07 recognizing the 10th
Anniversary of the New River’s designation as an
With
no further comments, a motion was made by Commissioner Ball, seconded by
Commissioner Pickett to accept Resolution #2008-07 as presented. Unanimously approved.
Resolution #2008-07 Exhibit H
As
discussed in the recent intergovernmental meeting, it was decided that
sub-committees would be formed to address the area’s short-tem water
issues. The following action teams were
established:
Possible
appointments are as follows:
Team #1 Councilmember Phillip Pickett & Town Engineer Doug Chapman
Team #2 Councilmember Keith Tester & Planning Director Kevin Rothrock
Team #3
Councilmembers
Albert Yount & Barbara Ball & Public Works Director Johnny Lentz
Team #4
Mayor J.B.
Lawrence & Town Manager Scott Hildebran
Team #5 Councilmember Tommy Klutz & Town Manager Scott Hildebran
Commissioner
Klutz made a motion to approve the appointments as presented, seconded by
Commissioner Tester. Unanimously
approved.
Speakers from the Floor
None
Departmental Reports
Town
Manager Hildebran presented Council with the recommended Annual Operating
Budget for 2008-2009. A brief synopsis
was given by Mr. Hildebran highlighting areas of the proposed budget. He stated the FY 2008-2009 Recommended Budget,
including the General Fund and Water/Sewer Fund, totals $6,376,940. The proposed budget has a tax rate set at
$0.28 per $100 valuation, which is the current tax rate. The Recommended Budget included a water/sewer
rate adjustment of $0.25 per 1,000 gallons of usage above the minimum 5,000
gallons and a $5.00 per month charge for all customers to cover the expense
related to the planned emergency water interconnection with the Town of
Mr.
Hildebran stated part-time employment for the Police and Planning Departments
was also proposed. He thanked everyone for their help in the preparation of the
proposed budget and advised budget work sessions were scheduled for May 19th,
20th and 27th at 4:00 p.m. FY 2008-2009
Recommended Operating Budget Exhibit J
Mr.
Hildebran commended Planning Director Rothrock and Public Works Director Johnny
Lentz for their work placing the new newspaper racks and informational kiosks
downtown. He also thanked the Tourism
Development Authority for paying for the kiosks.
Mayor
Lawrence expressed his appreciation to everyone that helped during the town
clean up day.
ADJOURNMENT
There
being no further business to discuss, the meeting adjourned at 8:45 p.m.
MAYOR _________________________________
J.B. Lawrence
Attest
___________________________________
Sharon Greene, Town Clerk
Attachments
RZ
#2008-01 Exhibit A
RZ
#2008-02 Exhibit B
CUP
#2007-14 Exhibit C
CUP
#2008-02 Exhibit D
Resolution
#2008-03 Exhibit E
Resolution
#2008-04 Exhibit F
Resolution
#2008-05 Exhibit G
Resolution
#2008-06 Exhibit H
Resolution
#2008-07 Exhibit I
2008-2009
Recommended Operating Budget Exhibit J