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MINUTES Town of
Blowing Rock Board of
Commissioners August 9, 2005 The Town of Blowing Rock Board of Commissioners met in
regular session on Tuesday, August 9, 2005 at 6:00 p.m. Present were Mayor J.B. Lawrence,
Commissioners Bobby Ball, Keith Tester, Terry Lentz, Rita Wiseman, and David
Wray. Others present were Town Manager Scott Hildebran, Town Attorney Allen Moseley, Public Works Director Johnny
Lentz, Planning Director Kevin Rothrock, Police Chief Owen Tolbert, Building
Inspector John Warren, Parks & Recreation Director Jennifer Gore, Finance
Director Margaret Pierce, Town Engineer Doug Chapman of McGill Associates, Town
Clerk Sharon Greene. CALL TO ORDERMayor Lawrence called the meeting to order and
welcomed those in attendance. APPROVAL OF MINUTESA motion was made by Commissioner Tester to approve minutes from meeting held on July 12, 2005 as presented, seconded by Commissioner Ball. Unanimously approved. WORK SESSIONCouncil received an update regarding the Edgewood
Cottage and Blowing Rock Art & History Museum (BRAHM). Wellborn Alexander, a representative of
BRAHM, requested guidance on the proposed parking structure that was to be
included on the same property as the museum and Edgewood Cottage. He inquired
if BRHAM was going to be assessed fees to help pay for the structure. He also
had concerns regarding the zoning of the property, stating it was now zoned
Central Business (CB) and Office Institutional (OI). He inquired if the property could be rezoned
Office Institutional only. Commissioner
Lentz stated this would have to be reviewed by Council before a decision could
be made regarding the matter. Mr. Alexander stated that the Blowing Rock
Historical Society and BRAHM had compromised in order to reach an agreement
regarding the Edgewood Cottage. He
presented Council with a copy of their agreement. Ginny Stevens, Chairperson for the Blowing Rock
Historical Society, presented drawings of the proposed renovations of Edgewood
Cottage. She updated Council on a number
of concerns they had regarding the restoration of the cottage. Mrs. Stevens informed Council that the plans
included removing the back section of the cottage, which was not part of the
original building, adding columns to the front of the cottage, as well as
possibly turning the cottage on the property.
Mrs. Stevens also stated that $80,000 of the anticipated $250,000 needed
for renovations had been pledged at the present time. Commissioner Tester inquired if an engineer had
looked at the proposed plans, and were they feasible. Mrs. Stevens and Mr. Alexander both stated
that the plans were feasible according to their architects. Commissioner Tester was concerned with how
everything would be coordinated between the two architects for these
projects. Mrs. Stevens stated that both
architects had worked on the presented model and that they would continue
coordinating with one another. Council had concerns with number eight of the
agreement between The Blowing Rock Art and History Museum (BRAHM) and Blowing
Rock Historical Society (BRHS). The
agreement stated “if BRAHM elects not to build its museum on the site for any
reason, this agreement will be considered null and void.” Commissioner Tester asked if this did not
work out, would another plan be presented to Council. Commissioner Wray asked if this particular
clause could be eliminated completely. Commissioner Wray asked when construction would be
started. Mr. Alexander stated that
construction had to begin within three (3) years from August of 2005. Commissioner Wray asked Mrs. Stevens if two
years would be enough time to finish the renovation of the cottage. She stated she felt two years would be adequate. The renovations would be in two phases; the
first beginning next spring with the exterior renovations, the second phase
would be the following spring which would include the interior work. Another item discussed was the number of spaces in
the parking deck that was on the proposed plan.
Council stated the plan only had 150 of the original 210 anticipated
spaces. The reason for the reduction
was due to the setbacks in Central Business (CB) which requires 15-foot
setbacks. Another concern was adequate
vegetation for the parking deck project. Commissioner Lentz stated he would
rather have less parking spaces and more green space, Commissioner Wray agreed
with Mr. Lentz. Ginny Stevens and Welborn Alexander thanked Council
for their assistance and support. Mayor Lawrence called for a short recess. Upon reconvening the meeting, Mayor Lawrence
asked if there were further questions or comments. Commission Tester felt the record should state
exactly what was intended at the work session.
He stated there are three (3) separate projects and each one should come
before Council and go through the proper channels. He made a motion that the Historical Society
move forward with their project and work with staff on an agreement and for the
re-zoning process to be started. The
motion received a second from Commissioner Ball, with all members being in
favor. PUBLIC HEARINGS1.
Ord. #2005-06 – Ordinance to
Establish Northeast Extraterritorial Jurisdiction North Carolina General Statutes authorizes the Town of The establishment of an ETJ area is a two-step process. An ordinance defining the ETJ boundary must be adopted. Afterwards, an ordinance must be adopted that specifies the zoning designations of each lot in the new ETJ area. The Planning Board held several meetings to discuss
the proposed ETJ boundary area and zoning classifications. A planning board subcommittee held two public
meetings on May 2nd and May 9th. All affected owners, based on information
provided by On July 12th the Town Council held a
public hearing on the adoption of an ETJ boundary. At that time, Council felt a decision could
not be made and scheduled more work sessions for the public. The proposed ordinance would include 148 properties
in the Town’s planning and zoning jurisdiction.
Some properties along Wayne Green addressed Council on his concerns
regarding the residents of the proposed ETJ area not being able to vote in
local elections. He felt Council should
petition the Board of Elections to extend voting into the ETJ areas. James Craig, a resident of A representative of the Blowing Rock Assembly
Grounds (BRAG) stated that this property had multiple zones. He stated their preference was for all the
BRAG property to be zoned the same. Mr. Terry Story, a resident of Another resident of the proposed ETJ boundary, Webb
Alexander, stated that Council had a duty to protect the residents of Blowing
Rock and felt that Council had the citizen’s best interest in mind. He stated he was glad that Council had
decided to extend the ETJ district in the proposed areas. A motion to close the public hearing was made by
Commissioner Lentz, seconded by Commissioner Ball. All were in favor. Mayor Lawrence called for a motion for action. Commissioner Tester made a motion to adopt Ordinance
#2005-06 as presented, seconded by Commissioner Ball. Unanimously approved. Ord. #2005-06 (Exhibit B)2.
Ord. #2005-07 – Ordinance to
Establish Northeast ETJ Zoning Districts Following the adoption of ordinance #2005-06 an ordinance must be adopted that specifies the zoning classifications of each property in the new ETJ area. The areas studied by the Planning Board were, Rocky Glen Subdivision, Goforth Road, Blowing Rock Assembly Grounds, Sunrise Cove/Sunrise Terrace, Possum Hollow Road, Tipton Lane, properties that are on the east and west side of Green Hill Road, and properties above Blackberry Gorge. Over the past few months, the Planning Board,
Planning Board subcommittee, and Council held several meetings with area
residents affected by the ETJ boundary and zoning classifications. Mr. Lonnie Webster, a A motion to close the public hearing was made by
Commissioner Wiseman, seconded by Commissioner Ball. Unanimously approved. Commissioner Wiseman made a motion to accept
Ordinance #2005-07 as presented.
Commissioner Ball seconded the motion, with all members in favor. Ord. #2005-07 (Exhibit C) 3.
CUP #2005-09 Chetola Resort
– Major Amendment to “Ponds” PUD Mayor Planning Director Kevin Rothrock presented to Council a request from Chetola Resort for an amendment to the “Ponds” conditional use permit to subdivide and sell a .972 acre tract of land from the Planned Unit Development (PUD) to an adjacent single-family property owner. Mr. Tarbutton requests to have this .972 acre lot rezoned from R-6M, multi-family to R-15, single-family. The primary reason for requesting an amendment to the approved conditional use permit is to remove the .972 acre tract from the 12.178 acre Chetola Pond PUD development. According to planning staff’s calculations, Mr. Tarbutton would only be able to subdivide and sell a .783 acre tract from the 12.178 acre common area of the PUD, and still meet the density requirements of 5 units per acre in the R-6M zoning district. Or the .972 acre tract could be subdivided as proposed with the condition that the property remain as perpetual open space. The Planning Board met on July 21st and recommended that the .972 acre tract be subdivided from the Planned Unit Development and remain as perpetual green space. Kent Tarbutton, a representative of Chetola Resort, stated that essentially this would be more open space for the town. He asked that Council support the Planning Board recommendation regarding this issue. A motion was made to close the public hearing by Commissioner Ball, seconded by Commissioner Tester. All were in favor. Commissioner Wiseman made a motion to approve the major amendment to CUP #2005-09 as presented. Commissioner Wray seconded the motion. Unanimously approved. Major
Amendment to CUP #2005-09 (Exhibit D) 4. Rezoning #2005-01 Chetola Resort “Ponds” PUD
Rezoning Following the approval of Mr. Tarbutton’s request
for a major amendment to the “Ponds” Planned Unit Development (PUD) he
petitioned Council for rezoning of the property from R-6M, multi-family to R-15
single-family. Under the original approved conditional use permit,
three additional condominium buildings could be constructed. The wooded property is adjacent to The property is also adjacent to single-family
property owned by Dr. and Mrs. Robert Reed, who have expressed an interest to
Mr. Tarbutton to purchase the property for buffer protection. In his original request, Mr. Tarbutton stated if the
property were rezoned R-15 single-family which is the same zoning designation
for all three of Dr. Reed’s adjacent properties, he would sell the
property. He also stated that he would
only sell the property with a deed restriction that nothing could be built on
the property after it was sold. Commissioner Lentz asked why did the property have
to be rezoned? Mr. Rothrock stated it
would separate the PUD from the Reed property more clearly with no split-zoning
parcels. No comments were received from the audience. A
motion to close the public hearing was made by Commissioner Wiseman, seconded
by Commissioner Wray. Unanimously
approved. Commissioner Wiseman made a motion to rezone
#2005-01 Chetola Resort “Ponds” PUD from R-6m multi-family to R-15
single-family as requested. Commissioner
Wray seconded the motion. Unanimously
approved. “Ponds” PUD #2005-01 Re-Zoning (Exhibit D) 4.
Off-Street Parking Fund In recent years Council has contemplated the possibility
of setting up an off-street parking fund.
After consulting with the UNC School of Government, the Town was advised
that it needed a local act approved by the N.C. General Assembly to have the
authorization to establish a parking fund.
Senate Bill 442 was introduced in the spring to the General Assembly to
allow the Town of A parking fund would be established to collect fees
and payments to eventually be used to pay for parking lots and parking facility
construction and improvements. A major
source of fees could be collected from a developer or property owner that
cannot provide spaces on his/her property.
Due to the limited amount of land available in the downtown area, a
developer may not be able to provide enough parking to satisfy the code
requirements. Commissioner Wiseman stated the proposed bill was
for people who do not have adequate space for parking, to be able to build, and
pay a fee to the town to enable them to have parking for their property. She felt that allowing satellite parking
would somewhat defeat the purpose for the bill and she was not sure that
satellite parking was beneficial to the town. Commissioner Lentz felt the way it is at present
time, when a property is developed, there is no record stating there is
satellite parking for that particular property, which would make it difficult
for enforcement in the future. He felt
it would be best to get a fee from the person up-front for parking. Commissioner Tester debated both sides of the
issue. He stated if you looked down Commissioner Wiseman felt that satellite parking
should remain as an option in the Land Use Code. But satellite parking should
be taken to the Planning Board for future review to see if it is beneficial to
the town. Commissioner Wray felt that satellite parking should
remain in the draft ordinance, and the off-site parking phrase should be
omitted. He felt that satellite parking
did not work for the town. Town Manager Hildebran stated the Tourism
Development Authority (TDA) was putting money aside for a parking
facility. Mr. Hildebran stated it was
approximately $16,000 per space based on preliminary BRAHM estimates. Wayne Green spoke in support of the parking
fund. He also asked if the fees set
aside were reserved only for parking. Kent Tarbutton spoke in support of the parking
fund. Ginny Stevens asked if a property changed use would
a new fee be assessed on the new use. Town Manager Hildebran said it would be
calculated on a case-by-case basis; for example: if the business use stayed the
same without increasing seating etc. then the fee may not be increased. A motion to close the public hearing was made by
Commissioner Ball, seconded by Commissioner Wiseman. Unanimously approved. A motion was made by Commissioner Tester to approve
Ordinance No. 2005-09 and 2005-10 with the stipulation that BRHAM be excluded
from the fee due to the Town owning the property and the building once the
lease expires. Commissioner Wiseman seconded the motion. With the exception of Commissioner Wray, this
motion was approved. Ord. No. 2005-09 & 2005-10 (Exhibit E & F) NEW BUSINESS1.
Blowing Rock Emergency Fest
– 2006 A request was presented to Council from the Blowing
Rock Emergency Services Department to host the 4th Annual Emergency
Fest on Saturday, June 17, 2006. The following requests were made to Council, for
permission for a portion of Park Avenue and Wallingford Street to be closed for
the event, permit use of the lower lot at the American Legion building, allow a
banner on the day of the event; use of a hydrant at the corner of Park Ave. and
Wallingford St., and use of park benches and garbage cans. Commissioner Wray made a motion to approve the
request as presented, seconded by Commissioner Wiseman. Unanimously approved. 2.
Bids – Water Plant Control
Panel Replacement Project Town Manager Hildebran presented Council with bids for Water Plant Control Panel Replacement Project. The project consists of replacement of the motor control center at the Blowing Rock Water Treatment Plant, and includes minor control and power wiring changes as well as minor building modifications. The bids are as follows: Camp Electric
Co., Inc. $ 99,935
Thermal
Electric Contractors $100,625 Haynes
Electric Construction Co. $133,379 Smart
Electric Co., Inc.
$142,600 Council
reviewed a complete breakdown of the bids and recommendation on award of the
bid to Camp Electric Co., from McGill Associates. Commissioner
Wiseman asked Doug Chapman of McGill Associates if his company had worked with A
motion was made to award the bid to Camp Electric Co., Inc. for $99,935 by
Commissioner Ball, seconded by Commissioner Wray. Unanimously approved. 3. Bids/ Financing – 2005-06 Capital Equipment Purchases Town Manager Hildebran presented Council with bids for two (2) 2005 Explorer 4X4 SUV’s which were included in the 2005-2006 fiscal year budget. The bids were as follows: Vic
Bailey Ford $48,612.00 Police
Motors $62,200.00 Bobby
Jones Ford $47,051.10 Martin
Family Ford No Bid Sheely
Ford No Bid A
recommendation was made to Council that the bid go to Bobby Jones Ford for a
low bid of $47,051.10 excluding tax, title and tag. Public Works Director Johnny Lentz received bids for a wood brush chipper, a mini-excavator as well as a rear loading refuse truck/chassis, which were included in the 2005-2006 fiscal year budget. The bids are as follows: Wood Brush Chipper Arbor Equipment Company - Ditch Witch of Carolinas - Morbark, Inc. - Steele Tree Equipment - Tarheel Tractor, Inc. - Vemeer Mid Atlantic - Woodchuck Chipper Corp. - A recommendation was made to Council that the bid go to Morbark, Inc. for $22,399.00. 8000LB Mini-Excavator A.E. Finley - Briggs Equipment - Deep Gap, NC $44,977.00 Carolina Tractor - Corriher Tractor - Ditch Witch of the Carolinas - Greensboro Tractor - James River Equipment - Linder Industrial Machinery -
A recommendation was made to Council that the bid go to
James River Equipment for $36,360.00. 18 Cubic Yard Rear Loading Refuse Truck/Chassis Carolina
Environmental Systems, Inc. - Cavalier Equipment Corp. - McNeilus Truck & Manufacturing - Villa Rica, GA --------------- NuLife Environmental, Inc. - A recommendation was made to Council that the bid go to
Cavalier Equipment for $87,820.00. The
Town has received financing proposals from area banks to finance the
acquisition of capital equipment approved in the FY 2005-06 Budget as follows: FY 2005-06 Capital Equipment (3-Year Term) $51,000-Police Vehicles $25,000-Wood Chipper $37,500-Mini Excavator $113,500 Total Mayor
Lawrence excused himself from any discussion on this matter due to his
involvement with First Citizens Bank. The
quotes are as follows: Bank
of BB&T 3.45% First
Citizens Bank 3.40% RBC
Centura Bank 3.66% Wachovia
Corp. 3.91% High
Country Bank No Bid FY 2005-06 Capital Equipment
(5-Year Term) $90,000-Garbage Truck $90,000
Total Bank of BB&T 3.53% First Citizens Bank 3.45% RBC Centura Bank 3.91% Wachovia Corp. 4.04% High Country Bank No Bid Staff recommended that the financing for both
lease-purchases be awarded to low bidder First Citizens Bank for both
installment purchases for Councils consideration and authorization. The first loan amount would be for up to $113,500
for a term of 3 years, with a $32,900 payment at closing for the first year and
two (2) subsequent annual payments of $42,739.60. The second loan amount will be for up to $90,000 for
a term of 5 years, with a $18,000 payment at closing for the first year and
four (4) subsequent annual payments of $19,746.30. Commissioner
Wray made a motion to approve the recommendations as presented by staff,
seconded by Commissioner Ball. The
motion was approved 4-0. Installment Purchase Contract Proposal (Exhibit G) 4. “Speakers from the Floor”-
Operating Policy Town Manager Hildebran presented to Council a “Speaker
from the Floor” Operating Policy for their consideration. The policy is based on similar policies from
cities/counties across the State of The “Speaker from the Floor” segment of the regular
monthly agenda will be in addition to public comments permitted under duly
advertised public hearings. Mr. Hildebran stated there would be a 30-minute
comment period at the end of the regular meetings, where the public would have
approximately three (3) minutes to speak on certain topics. Mr. Hildebran asked if there were any changes
Council would like to make to the policy.
Commissioner Wiseman made a motion to accept the policy as presented,
seconded by Commissioner Tester. After
some discussion, Ms. Wiseman asked that her motion be amended to omit paragraph
five (5) of the policy. The amended
motion received a second from Commissioner Tester. Unanimously approved. Town resident Lowell Thomas voiced his dissatisfaction
with citizens wishing to utilize the “Speaker from the Floor” Policy, having to
wait until the end of the regular meeting to speak. He felt this would deter the public from
being able to voice their comments and opinions because of having to wait. He felt this should be at the beginning of
each meeting. There
being no further business to discuss, Mayor Lawrence adjourned the meeting at
8:30 p.m.
Mayor __________________________________ Attest: ___________________________ Sharon H. Greene, Town Clerk | |
| © 2005 Town of Blowing Rock, North Carolina. | |
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