MINUTES
Town of Blowing Rock
Board of Commissioners
Continued Recessed Meeting-June 30,
2008
The
Town of Blowing Rock Board of Commissioners reconvened on Monday, June 30, 2008
at 9:00 a.m. Present were Mayor J.B.
Lawrence, Commissioners Bobby Ball, Keith Tester, Albert Yount, Phillip
Pickett, and Tommy Klutz. Others in
attendance were Town Manager Scott Hildebran, Planning Director Kevin Rothrock,
Town Engineer Doug Chapman, Town Attorney Allen Moseley, and Town Clerk Sharon
Greene.
CALL TO ORDER
Mayor
Lawrence called the meeting to order at 9:05 a.m.
1. BLOWING ROCK ART AND
Before
hearing from BRAHM, Commissioner Yount asked Town Attorney Moseley if Council
would be setting precedence by meeting with BRAHM before a conditional use
permit had been filed. Mr. Moseley
responded it was not that unusual since the Town was in a joint venture with
BRAHM and the Town owned the property in
which the project was proposed.
Commissioner Tester felt clarification was needed in reference to
comments given during this meeting and Council not be held binding to comments. Mr. Moseley assured Mr. Tester the Town would
not be bound to comments that were made.
BRAHM
President Mr. Wellborn Alexander approached Council and thanked them for allowing
them to attend the work session. He
updated them on recent funds they had received towards their project. Mr. Alexander stated that BRAHM was in
partnership with the Town just as the American Legion, the Community Club and
Edgewood Cottage were. He stated the museum would occupy 17% of the 1.22 acre
tract of land owned by the town.
According to Mr. Alexander, the Town paid $775,000 in 2003 for the
property in which the museum is to be built.
By BRAHM’s calculations, 17% represented approximately $132,000 as the
town’s share of investment in the building, whereas, BRAHM would be investing
over six million dollars as an improvement to the property. At the present time, BRAHM is in their 5th
year of a 50-year lease with the Town and the building is expected to be
completed over a 2-year period. After
the 50-year lease period is over, the museum building would belong to the Town
and would be a huge lease-hold improvement for the town as stated by Mr.
Alexander.
He
also updated Council on several members associated with BRAHM’s board whom have
extensive experience with museums. He
mentioned Mr. Herb Cohen, Ms. Norma Suddreth, Ms. Rebecca Ficklin, Ms. Joni
Petschauer and Mrs. Lynn Drury as just a few.
In
the past few years, Mr. Alexander stated several museums had been visited by
members of BRAHM to aid them in the construction of the proposed museum. During these visits they learned what some of
their needs should be and also learned from mistakes made by others. Mr.
Alexander stressed the need for adequate storage space as one of the aspects
they had learned from these visits.
Mr.
Alexander stated the core mission of museums such as the one planned, was to
educate the viewing public and the care and preservation of their collection.
He advised this is what dictates their needs in planning for the project. According to Mr. Alexander, the museum would
have five galleries, and the basement would house a very large education
center. Also in the museum, a large temperature controlled storage area in which
to store and preserve their collection, and a meeting room and library were
planned.
In
2003, BRAHM presented Council with three different design schemes, Scheme I was
chosen which showed the building as straddling the property. Mr. Alexander
stated at that time, no interior design was prepared for Council’s review, only
a sketchy exterior design. Also, BRAHM
was requesting a 7,000 square foot footprint, which would consist of a building
3 stories tall. At the present time, the
design proposed in their CUP showed the first floor as being approximately
6,823 square feet, which did not include unheated space, the third floor being
the largest. The drip line for the
building is 9,143 square feet. The
reason for the increase in size was due to several reasons according to Mr.
Alexander. The first being a change in
the N.C. Codes that required a 700 square foot addition for restrooms, another
change was the 1,252 square foot storage area critical to their needs. Also mentioned was an additional 350 square
foot orientation theatre which BRAHM felt would be very effective.
Mr.
Alexander spoke of the extensive artwork they had currently and the continued
growth they expected. He felt the
additional storage space was imperative to the museum, because there was no
room for expansion once the building was finished. BRAHM wanted to get it right from the
beginning, because in order for them to receive their certification from the
American Association of Museums, they had to have the appropriate facility and
museum management process.
Section
VI Part B of the lease was mentioned by Mr. Alexander. He stated this section of the lease he felt,
gave the town the ability to approve the extra square footage previously
discussed.
He
also mentioned the look of the museum from
Parking
was also discussed. Mr. Alexander stated
there was some concern from residents in the area over parking, but they were in
favor of the museum. He advised there
were 500-600 members of BRAHM who supported the museum and a parking facility. He conveyed a large amount of money had been
spent on the design process and he felt BRAHM had done the best they could do
and complied with all Town codes, ordinances, setbacks and height
requirements.
He
made a plea to Council to consider their proposed CUP stating the Town had a
vested interest in the building and seeing that it was done correctly. In closing, Mr. Alexander asked N.C. House
Representative Mr. Cullie Tarleton to come forward to speak regarding the
matter.
Mr.
Tarleton, former member of the BRAHM board stressed to Council his support for
this project and what it would mean to the visitors or Blowing Rock, the area
students, and the preservation of Blowing Rock’s history. As an elected official, Mr. Tarleton stated
he wanted to focus his attention on the High Country and wanted more people to
come shop, stay in the hotels, motels, etc. He commended Council and Town
Manager Hildebran for their vision and pro-activeness in addressing the water
situation and how he would assist them however he could. Mr. Tarleton stated the growth of
Mr.
Tarleton continued by saying the addition of the Museum would be a magnet for
more visitors and he urged Council to find a way to say “yes” to the
Next,
3-D video demonstration of the building was given by BRAHM Executive Director
Joann Mitchell showing a rendering of the proposed building and proposed
parking area. Council had several
questions regarding the building height, entranceways, landscaping, etc. Ms. Mitchell stated there were two entrances
to the building and the rear entry onto the parking facility had been
eliminated.
Commissioner
Yount asked about BRAHM’s certification.
Mr. Alexander stated they were currently members of the association, but
in order to borrow paintings and house traveling exhibitions the museum would
need to meet the requirements to do this.
Commissioner
Yount asked as the visitor-ship continued to grow, would their certification be
jeopardized. Mr. Alexander responded
that once certified they would remain certified and growth was expected.
Planning
Director Rothrock approached Council stating he had met with BRAHM’s design
team and their application had been filed. Since the Town was involved, Mr.
Rothrock stated the lease agreement was reviewed also. Mr. Rothrock advised Council of some
questions staff had regarding the square footage of the project and an
adjustment in the lease to reflect this change. According to Mr. Rothrock there
were some scale issues concerns also.
The number of parking spaces at the museum was discussed briefly with 64
spaces proposed with current design and 77 spaces are required. Commissioner Tester stated the town had
leased 7,000 square feet of this property for the proposed building and parking
was needed, but the number of spaces was not the main focus today, the
functionality and what it presents to the community was important. He went on to say, a certain number of spaces
was required by the Town, but in his opinion, they were looking for general
feedback from Council on what their concerns were.
Commissioner
Klutz had issues with the square footage of the proposed building. He stated during previous meetings, Council
had accepted the lease for exactly 7,000 square feet. Mayor Lawrence confirmed the town was not
bound to that amount as it was estimated at that time.
Mr.
Rothrock further discussed the footprint and how the lease agreement needed to
be changed to reflect the change in square footage. Mr. Tester advised there were
two ways to approach the issue with the lease agreement. The lease agreement,
town codes and other supporting documents could be reviewed and BRAHM could
build what fit the property. Another way, according to Mr. Tester was since the
purchase of the property by the Town, they had visions of building something
there that would compliment the downtown area. He suggested the codes and
requirements be set aside until a design was done to meet BRAHM’s needs and
functionality, then in order for the codes and requirements to be met make the
changes needed to do both these things.
Mr.
Tester continued by stating, the 7,000 square feet was an approximate number of
what was thought to be needed to build the museum, but it looked as if there
was difficulty in fitting into that square footage. He stated they could scale back, but would
they have what was needed in order to be certified and the museum might be less
than what is desired. The footprint, according to Mr. Tester was not a critical
issue, the entire property was to be dealt with, and something was going to be
built on the property. Parking on the
other hand was a concern that BRAHM would
have to deal with in conjunction with building a facility that is
functional. Mr. Tester advised adequate
parking would need to be supplied because people would not continue to come to
the area if they could not find parking.
Mr. Tester stated he would like to hear this issue addressed. He felt this information was needed and where
the parking would be put once a number was decided upon. It was his opinion that all the required
parking did not have to be put on the lot behind the museum. He mentioned how the town was in the process
of adding a second level to the American Legion parking facility one block
away, and looking at the
comprehensive perspective he wondered it this would be viable or detrimental. If this was done the facility behind the
museum could be scaled down and the residents in the area would be appeased and
parking requirements would be met.
Commissioner Tester asked if there was anything in the code stating this
could not be done and would this be functional to BRAHM. He felt these two issues needed to be
addressed before too much time was spent on the parking facility behind the
museum. Other members of Council agreed
with Mr. Tester’s suggestion. In
response, Mr. Rothrock stated Town Code did allow satellite parking if it was within
400 feet. Mr. Tester expressed his
uneasiness with not having a comprehensive design for the entire project, from
Mr.
Tester expressed that he had not heard a lot of opposition to the project, but
did hear comments regarding mass and parking.
He felt everyone should get behind the project and deal with these two
issues.
Commissioner
Klutz asked former Council member Rita Wiseman to elaborate on the discussion
that took place regarding footprint of the proposed project since she was on
Council during this matter. Ms. Wiseman
stated she had dealt with leases for the past 30-40 years and she did recall
this was only an estimate.
Per
a comment received from Commissioner Yount, some discussion took place
regarding a solution possibly being worked out with churches near the facility
and a shared parking plan.
Ginny
Stevens mentioned the lot near the Edgewood Cottage and how she believed nine
spaces could be marked there.
Mr.
Tester requested Mr. Rothrock continue with his issues of concern. Lease and parking were the main issues of
concern Mr. Rothrock wanted feedback on.
Commissioner
Klutz had further questions regarding the foot print of the proposed
building. Mr. Tester and Mrs. Ball
stated Council could work with BRAHM on their need for a larger space and once
again the 7,000 square feet was an estimate. Mrs. Ball reiterated the fact that
BRAHM’s needs grew and in order to receive their certification, have adequate storage
area, and educational space, more than 7,000 square feet was needed.
After
further discussion, Town Manager Hildebran requested that formal action be
taken by Council on what direction they would like staff and BRAHM to follow.
Commissioner Tester made a motion directing staff and BRAHM as a partnership to
focus on the details of the project and come back with a design that fit this
area of town and was functional. Lease agreement details could be worked out
later. The motion received a second from Commissioner Ball. Commissioner Klutz voiced his opposition
regarding the change in square footage. Mayor Lawrence suggested any amendment
to be made to the lease agreement be done in conjunction with the CUP
process. Mr. Tester amended his motion
to include Mayor Lawrence’s suggestion. Mrs. Ball seconded the amended motion. In
favor of the motion were: Tester, Ball, Pickett & Yount Against: Klutz
Motion carried 4-1.
Commissioner
Yount inquired how BRAHM proposed to deal with parking if for instance, a large
function was held and there was no place to park. Mr. Alexander responded that it was rare that
they have a large number of people at the same time, usually it would the
amount of people would vary throughout the day.
Ms.
Mitchell clarified the schedule for the project in July BRAHM would come before
Planning & Zoning and come before Council in August. Council concurred.
Mayor
Lawrence thanked BRAHM and wished them luck with their project.
2.
Mr.
Hildebran presented Council with the final change order for the
He
also advised EMS Services planned to occupy their new premises hopefully in 2
weeks. He stated the building was still
within the budgeted amount even with the change orders.
In
reference to the one year completion date given for the project, Mr. Hildebran
conveyed that the Architect advised that this was too aggressive for a project
of this magnitude and had gone 118 days over the completion date.
After
further discussion regarding the completion date, there were several items on
the change order that Commissioner Yount was unclear about. Mr. Graham stated these items were required
by Town Code, but had been overlooked by the architect for the project. Commissioner Yount inquired as to why the architect
did not pay for these omissions. Mr.
Hildebran advised the architect had paid for a certain percentage of items that
had been overlooked for the project.
Liquidation
damages were discussed, Mr. Graham stated it would be difficult for staff to produce
a number and prove damages. Mr. Graham
was directed to negotiate the days over completion date with the architect and
builder.
A
motion was made to approve Change Order #4 with the deduction to COR 41-11, to reduce
Architectural fees by architect omissions, and authorize the Town Manager and
Project Manager to negotiate liquidation damages by Commissioner Tester,
seconded by Commissioner Ball.
Unanimously approved. Change Order #4- Exhibit A
Town
Manager Hildebran presented Ordinance #2008-09 to Council for
consideration. The amendment included
year-end adjustments and/or Council authorized projects.
Section
one on the General Fund allocated additional funds received above budget and
reallocation of existing funds to cover expenses incurred during the year and
to fund legal services for additional consultation and special paving of
various streets in town.
Section
two addressed the General Capital Projects Fund and recognized additional
revenue received from Interest Income, TDA Occupancy Tax funds received over
budget and General Fund Transfer funds and allocated funds to cover the
Section
three referred to Water/Sewer Fund to reallocate funds from Plant Operations to
Flied Operations for additional meter repairs and replacements.
Receiving
no comments regarding the amendment, a motion was made by Commissioner Pickett,
seconded by Commissioner Klutz to approve Ordinance #2008-09 as presented by
the Town Manager. Unanimously
approved. Ordinance #2008-09 –
Exhibit B
Council
received an Engineering Services Agreement from John Davenport Engineering,
Inc. for traffic engineering services at a cost of $25,000.
The
agreement included services for collection of parking turnover rates and
Mr.
Hildebran conveyed that John Davernport Engineering, Inc. was a full service
transportation engineering firm founded in 2002. He also advised McGill Associates as well as
Tom Terrell had previously worked with this firm.
Upon
on motion from Commissioner Tester, seconded by Commissioner Ball, the
engineering services agreement was approved as presented. Engineering Services Agreement –
Exhibit C
Mr.
Hildebran advised the Blowing Rock Rotary Club was planning a fundraiser garage
sale tentatively scheduled for October and needed a place to store donation
items. They were requesting the use of
some storage space in what will be the vacated space in the old
Commissioner
Pickett made a motion to allow the Rotary Club to use a portion of the Town
facility as storage, seconded by Commissioner Klutz. Unanimously approved.
Mr.
Hildebran advised health insurance for Council under the State Insurance Plan
effective July 1, 2008 would be $346.00 per month per person who elected
coverage. He suggested a stipend be paid
by the town to Council members to cover their insurance if they elected not to
accept the Town insurance and had policies via Medicare. He advised the Town would save money by doing
this. After a brief discussion in reference to the stipend being taxable
income, a motion was made by Commissioner Pickett to allow the stipend payment
not to exceed the allowable insurance premium amount be paid to Council. His motion received a second from
Commissioner Ball. Unanimously approved.
Commissioner
Yount asked for clarification regarding the Water Plant generator screening. He
was unclear if the cost of the screening had been included in the construction
improvements by McGill Associates. Mr.
Chapman stated the screening costs had not been included in the project and
that staff made the landscaping improvements.
ADJOURNMENT
There
being no further business to discuss, the meeting was adjourned at 11:15 a.m.
MAYOR
______________________________
J.B. Lawrence
ATTEST ______________________________
Sharon Greene, Town Clerk
Attachments (June 30, 2008)
Ordinance
#2008-09 – Exhibit B
Engineering
Service Agreement – Exhibit C