MINUTES
Town of Blowing Rock
Board of Commissioners
June 12, 2007
The
Town of Blowing Rock Board of Commissioners met in regular session on Tuesday,
June 12, 2007 at 7:00 p.m. at the Town Hall Council Chambers. Attending 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 Director Margaret Pierce, Building Inspector
Jesse Horner, Parks & Recreation Director Jennifer Brown, EMS Paramedic
Chip Suddreth, Planning & Zoning Intern Patrick Heavner, and Town Clerk
Sharon Greene.
CALL TO ORDER
Mayor
Lawrence called the meeting to order at 7:05 p.m. and welcomed those in
attendance.
APPROVAL OF MINUTES
Upon
a motion received from Commissioner Lentz, seconded by Commissioner Ball, the
minutes for meetings held on May 9, 21, 22, 24, and 29, 2007 were approved as
written. Unanimously approved.
PUBLIC HEARINGS
Mayor
Lawrence opened the public hearing on the FY 2007-2008 Budget.
Town
Manager Scott Hildebran presented Council with FY 2007-2008 Budget for their
approval. Mr. Hildebran briefly
discussed several aspects of the budget such as the property tax rate remaining
at $0.028 per $100 of the property value.
He also stated the budget included a 5.0% base rate adjustment on
water/sewer rates, an increase in water/sewer availability fees for new
residential connections ($600 per bedroom to $750 per bedroom each for water
and sewer), and a new method of calculating zoning permit fees and building
permit fees for new residential and commercial construction–going from an
estimated cost of new construction method to square footage fee for new
construction. Mr. Hildebran advised
that all other Town fees and charges would remain the same in FY 2007-2008.
Mr.
Hildebran thanked the Town Staff for their hard work in the budget
preparation.
With
no public comment, Commissioner Wiseman made a motion to close the public
hearing, seconded by Commissioner Ball.
Unanimously approved.
A
motion to approve the FY 2007-2008 Budget was made by Commissioner Wiseman,
seconded by Commissioner Klutz. Unanimously approved. Ordinance #2007-04 Exhibit A
Sworn
to speak during the public hearing were Planning Director Kevin Rothrock,
Project Engineer Michael Trew, and Dr. Adam Hill.
Planning
Director Kevin Rothrock presented a request from Dr. Adam Hill for a
conditional use permit to renovate and convert an existing single-family
residence to a new dentist office.
Mr.
Rothrock stated the footprint of the existing home would remain the same with
most of the improvements being to the interior of the structure. He also advised the septic system for the
home was inadequate at the present time and the applicant would be required to
connect to town sewer with an easement through the Food Lion parking lot.
Mr.
Rothrock advised that a storm water detention pond would be constructed on the
lower side of the building to account for the impervious run-off.
Mr.
Rothrock also advised that a portion of the creek behind the building would be
piped to accommodate the proposed parking lot and the Army Corps approval had
been obtained for the in-stream work.
The
Planning Board recommended approval of the conditional use permit during their
meeting held on May 17, 2007.
With
no further discussion, a motion to close the public hearing was made by
Commissioner Wiseman, seconded by Commissioner Ball. Unanimously approved.
A
motion to approve CUP #2007-05 was made by Commissioner Tester, seconded by
Commissioner Lentz. Commissioner Wiseman
asked if Commissioner Tester would consider amending his motion to include the
words “if needed” to 2 (a) in the CUP. Commissioner Tester agreed to this
change, seconded by Commissioner Lentz.
Unanimously approved. CUP #2007-05 Exhibit B
Planning
Director Rothrock presented Council with Ordinance #2006-05 for their approval,
stating that over the past several months, the Planning Board had studied the
placement of news and magazine racks within the Central Business District due
to several complaints from concerned citizens regarding the uncontrolled
proliferation of these racks in the downtown area. Mr. Rothrock also advised the 2004
Comprehensive Plan suggested that the regulation of excessive obstructions on
public sidewalks be reviewed. Mr.
Rothrock pointed out that several communities in
A
subcommittee was formed to evaluate existing sidewalk conditions and
opportunities for safe placement of news racks and magazine racks and the
committee had reviewed ordinances from
The
subcommittee also recommended that placement and design of the racks on private
property in the Central Business District be regulated by the Town.
Commissioner
Tester asked why the color black was chosen for the racks. Mr. Rothrock stated that benches along the
sidewalks, trashcans and lamp posts were black and the subcommittee felt the
racks should be the same.
Commissioner
Klutz asked if anyone had thought about the evolution of these racks and why
they were located where they were. He
felt that citizens needed several places (at least four) to get their
newspapers not just one location.
Mr.
Rothrock stated the number of racks had grown, becoming a safety issue, since
there was not adequate room on the sidewalks for pedestrians. Commissioner Lentz agreed this was a safety
issue and felt things had gotten out of hand and
Commissioner
Tester stated that TDA funding might be available for the modular units being
discussed, and to better serve the tourist, newspaper racks should be placed
inside motels.
Resident
Ginny Stevens voiced her opinion regarding the issue, stating she felt it was a
good idea to have one or two central locations to get these publications and
that
Commissioner
Lentz felt the racks should be located on town property so the town could have
some control over the situation. He felt
the
Council
asked if Planning Board member Sue Sweeting would like to address the
matter. Ms. Sweeting acknowledged that
she was a member of the subcommittee that reviewed this, and it had become a
safety issue and also did not meet A.D.A. guidelines. She also stated the
subcommittee had chosen the color black since the garbage containers and lamp
posts on
Commissioner
Wiseman felt The Blowing Rocket
should have priority over other publications since it was part of the
Town. Mr. Rothrock stated the local
newspaper was among the list of top priority publications that would be
allowed.
After
further discussion, a motion was made by Commissioner Tester to close the
public hearing, seconded by Commissioner Ball.
Unanimously approved. Commissioner Tester continued with a motion for staff
and Planning Board to re-write the ordinance and that the only acceptable place
for the news/magazine racks on public or private property be provided by the
Town of Blowing Rock. Commissioner Ball seconded the motion. Tester, Ball, Lentz & Wiseman voted in
favor of the motion. Commissioner Klutz
was against the motion. Motion carried.
OLD BUSINESS
1. Code Amendment - Wind Mills
(Ordinance #2006-11)
During
the May 8, 2007 meeting, Council voted not to approve the draft ordinance to
regulate wind energy systems recommended by the Planning Board. Instead, Council requested that an ordinance
be drafted prohibiting wind energy systems in Blowing Rock for their review
during the June meeting. Mr. Rothrock
presented Ordinance #2006-11 stating wind energy systems would not be allowed
in the Town of Blowing Rock at this time and reconsider as technology advances
are made.
Without
further discussion, a motion was made by Commissioner Tester to approve
ordinance #2006-11 prohibiting wind energy systems within the Town of
Planning
Director Kevin Rothrock presented Council with two ordinances for the possible
annexation of two areas in
He
also advised following the public hearings being held presently, Council could
annex these two areas effective June 30, 2008, upon which the corporate limits
of the Town of
Mr.
Rothrock stated that North Carolina State Law (General Statute 160A-48)
establishes standards that each area must meet in order for that area to
qualify for a Town-initiated annexation.
The standards require the following:
A
Resolution of Consideration was adopted on August 6, 2006, less than one year
before the Resolution of Intent was proposed for adoption, making the effective
date of annexation June 30, 2008, which must be between 1 year and 400 days
from the date of the adoption of the annexation ordinance (June 12, 2007).
Upon
a motion from Commissioner Wiseman, seconded by Commissioner Lentz, Ordinance
2007-06 and 2007-07 were adopted as presented.
Unanimously approved. Ordinance 2007-06 and 2007-07 Exhibits D & E
NEW BUSINESS
During
the Council Retreat held in January of 2007, Council decided the Land Use Code
needed to be evaluated for consistency and clarity. A proposal from Mr. Michael Egan,
Attorney–at-Law was presented by Mr. Rothrock for Council’s approval. Mr.
Rothrock advised after speaking with and receiving proposals several private
planning organizations and individuals that work with local governments on code
restructuring, staff recommended the services of Michael Egan. Mr. Rothrock advised Mr. Egan had worked for
the City of
After
reviewing Mr. Egan’s credentials, Commissioner Lentz made a motion to accept
Mr. Egan’s contract as presented, seconded by Commissioner Wiseman. Unanimously approved. Michael Egan Contract Letter Exhibit
F
Council
received a resolution in support of a state bond for funding of the N.C. Clean
Water Act for their review. Town Manager
Hildebran stated the leading policy organization for
Mr.
Hildebran advised that North Carolina House Bill 127 and Senate Bill 208 have
been introduced this session authorizing a public referendum to approve $500
million in clean water bonds and appropriating an additional $50 million over
the next two years to fund urgent water and sewer construction projects.
Commissioner
Tester, seconded by Commissioner Ball made a motion to accept Resolution
#2007-08 as presented. Unanimously
approved. Resolution 2007-08
Exhibit G
The water shortage situation due to the
on-going drought was discussed briefly, with Mr. Hildebran stating the Town was
presently under voluntary water conservation, but a Stage II Water Shortage
Advisory would be needed soon.
A
motion to move forward with the Stage II water advisory was given by
Commissioner Wiseman, seconded by Commissioner Ball. Unanimously approved.
Town
Manager Hildebran presented budget amendments for year-end adjustments to
Council for their approval for fiscal year 2006-2007. Mr. Hildebran explained Section One addressed
the General Fund and the following allocation of funds received: TDA for Occupancy Tax funds received above
budget, donation from Winterfest, interest income, etc. These revenues are to
appropriate funds for a Big Belly Color Compactor, Planning Department vehicle replacement,
additional paving, and July Fourth Festival 2007 which occurs in this budget
year. Section Two addressed the General
Capital Projects Fund and recognizes additional revenues received form
Winterfest for Parks & Recreation Capital Projects and the transfer from
General Fund for the trees ad sidewalk funds, Section Three being Water/Sewer
Fund allocations from Administration to Field Operations for additional meter
repairs and replacement and Section Four, the Water/Sewer Capital Projects Fund
to remove the grant for the infiltration and inflow study.
Mr.
Hildebran inquired if Council had questions regarding the budget
amendments. Commissioner Lentz
questioned the vehicle replacement for the Planning Department. Mr. Hildebran advised that staff had located
a 2002 Dodge Ram truck with approximately 59,000 miles as a replacement for the
Subaru they currently had. Commissioner Lentz stated that the purchase a new
truck might be more feasible because of the longer life expectancy and having a
warranty on the vehicle. Commissioner
Klutz also felt a newer vehicle would get better gas mileage than an older
truck. Commissioner Lentz stated he would like for the Town to accept bids for
a new vehicle in the new budget year.
Town Manager Hildebran said an amendment would be needed to the FY
2006-2007 budget to remove the amount appropriated for the vehicle.
Commissioner
Lentz made a motion to approve the budget amendments as presented, seconded by
Commissioner Klutz. Unanimously
approved. 2006-2007 Fiscal Year
Budget Ordinance Amendment 2007-08 Exhibit H
Town
Manager Hildebran presented Resolution #2007-09 to Council for their
approval. He advised of tentative plans
to close the visitor center located in Boone in 2009 due to the opening of a
new center in
Commissioner
Wiseman made a motion to accept Resolution #2007-09 in support of continued
funding for the High Country Host Visitor’s Center, seconded by Commissioner
Klutz. Unanimously approved. Resolution #2007-09 Exhibit I
Other
Mr.
Hildebran gave an update regarding the $500,000 PARTF Grant to be used towards
the Grover Robbin’s Pool Complex, stating that he would continue pursuing
additional funds from other areas.
Mr.
Hildebran also advised the pouring of concrete in Memorial Park near the Gazebo
was planned for week following the July 4th holiday.
Speaker from the Floor
Mr.
Frank Thomas of
Mayor
Lawrence thanked Mr. Thomas for sharing his concerns.
Adjourn
There
being no further business to discuss, the meeting adjourned at 8:30 p.m.
Mayor ______________________________
J.B. Lawrence
Attest:
_________________________
Sharon Greene, Town Clerk