MINUTES
Town of Blowing Rock
Board of Commissioners
August 14, 2007
The
Town of Blowing Rock Board of Commissioners met in regular session on Tuesday,
August 15, 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,
Assistant Police Chief Dennis Swanson, Finance Director Margaret Pierce,
Building Inspector Jesse Horner, 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.
PRESENTATION
Post Cards of Historic Blowing Rock- Volume II
Historical
Society member Ginny Stevens came before Council announcing that Volume II of
Post Cards of Historic Blowing Rock was now available and the Historical
Society wished for Council to have the first copies. She asked Barbara Wright, Web Alexander,
David Harwood, and Richard Trexler all members of the Historical Society, to
join her in presenting copies to Council.
Council
thanked the Historical Society for their presentation.
APPROVAL OF MINUTES
Upon
a motion from Commissioner Wiseman, the minutes for meetings held on July 10,
August 1, and August 7, 2007 were approved as written. Commissioner Ball seconded the motion. Unanimously approved.
PUBLIC HEARINGS
1.
Newspapers/Magazine Rack Placement in the CBD –
(Ordinance #2007-05)
During
the June 2007 meeting, Council reviewed a draft ordinance for newspaper and
magazine racks in the downtown area. At
that time, Council recommended that any news publications or magazines be
displayed in Town-provided modular newsracks and that staff recommend suitable
locations in strategic areas downtown.
Planning
Director Kevin Rothrock advised there are currently 17 locations with some form
of newsrack or magazine display unit in the Central Business District. Of the 17 locations, only seven (7) provide
newspapers. He also advised there are
currently 26 real estate companies in town and ETJ district and fourteen (14)
offices are downtown where real estate magazines could be picked up inside.
Mr.
Rothrock presented Council with the following proposed locations chosen by
staff:
He
stated the locations were presented to the Planning Board in July and were
approved, with some reservations about the
He
advised that draft Ordinance #2007-05 was revised to reflect the changes
requested by Council previously to expand the regulated areas to include Office-Institutional
zoning district as well as Central Business.
The revised ordinance requires all newsrack units to be removed from the
public sidewalks, public property, and private property in the CB and O-I
zoning districts.
Mr.
Rothrock presented Council with various vendors for the modular newsracks to
review. He stated that all units were to
be black and were within the cost range of $3,000-$7,500 each.
Mr.
Rothrock also recommended a yearly permit be obtained from the Town and a range
of fees be charged from $15 to $25 per space. He also stated that staff had
recommended January 1, 2008 as a reasonable time for compliance and that no
other units should be located downtown after the effective date. Another
suggestion given by town staff was the purchase of units with the angled tops
instead of the ones that were flat because trash might be placed on top of the flat
ones.
Mayor
Lawrence asked if anyone else wished to speak on this issue. Mrs. Ginny Stevens of
Mr.
John Aldridge of
Commissioner
Klutz recommended that the base of the units be encased in stone to keep with
the surroundings. He felt this would keep
the units from looking as harsh. Mr.
Rothrock responded town staff had thought about the addition of stone to the
unit located in
Commissioner
Tester inquired as to why the Post Office was chosen as a location since there
was a unit in the same proximity (
Several
members of Council were concerned with the
Commissioner
Wiseman voiced her concern with the Sunset Drive location near the school and wanted
to hold off on that location until the Town saw a need for another unit in the
future. Mr. Rothrock stated that a more
suitable location might be at the Village Pharmacy or the Blowing Rock Grill
and that he would check into that.
At
this time, John Aldridge stated the fee was too low and the Town should not
provide free advertising. Ms. Neca
Logan of 250 Wonderland Woods had questions regarding the number of newspapers
and if there would be room for all the publications. Mayor Lawrence stated publications would be
found at different units in town not necessarily all publications in all
locations.
Commissioner
Wiseman advised the town wasn’t trying to prohibit the sale of newspapers at
places such as gas stations, restaurants, etc, but felt they should be obtained
inside these establishments.
Commissioner
Tester made a motion to close the public hearing, seconded by Commissioner
Ball. Unanimously approved. Commissioner Tester also made a motion to
approve Ordinance #2007-05 with the following changes: To eliminate the
2.
Tree and Landscape Revisions (Ordinance #2007-03)
Mr.
Rothrock advised that during the July Council meeting, a draft tree and
landscape ordinance was revised to allow property owners of single-family lots
to cut and remove trees, and to adjust the civil penalties for unauthorized
removal of protected trees.
Mr.
Rothrock stated the revised ordinance regulates commercial (non-single-family)
property and properties involved in major subdivisions requiring a conditional
use permit. Single-family property would
not be regulated except for the requirement to obtain a permit or if the
primary purpose of cutting trees was for sale of timber.
Mr.
Rothrock spoke of Section 16-316 and the three categories of tree
protection. He also stated the revised
draft ordinance would prohibit tree topping on commercial property and would
also discourage tree-topping for view sheds and replacement with smaller
trees.
Mr.
Rothrock stated the civil penalties were revised from $100.00 per inch of protected
tree to a schedule that provides for graduated penalties. According to the schedule, the minimum fee
would remain at $500.00 while the maximum penalty would be $2,000.00 per
protected tree if over 30 inches.
Commissioner
Wiseman asked how the town could keep utility companies from butchering
trees. Mr. Rothrock stated in the past a
representative from these companies had talked with town staff regarding their
intent. Town Manager Hildebran stated Blue
Ridge Electric Membership Corporation (BREMCO) had recently hired a consultant
and were making a good effort to work with the town regarding the cutting of
trees. Mayor Lawrence, a member of the
BREMCO Board of Directors spoke on behalf of BREMCO, saying that instead of
cutting right-of-ways every eight years as they previously had, they were doing
this every six years to reduce the severity of the cut and eventually would
move to a 4 year cycle.
Commissioner
Lentz inquired who would be responsible for paying the fees, a homeowner or the
tree service. Mr. Rothrock stated under
the ordinance, a homeowner would not be charged a fee, but if it were
commercial property, the owner would be responsible for the fee. Commissioner Lentz also mentioned his
concerns regarding the education of the public concerning this issue. Commissioner Klutz affirmed he would not be
in favor of any regulations on commercial property or single-family, but was in
favor of regulating Town-owned properties.
Commissioner
Tester stated that commercially-zoned property would be aware of any
restrictions regarding the cutting of trees when they went through the
conditional use permit process with the Town.
Mr.
Rothrock stated the reason for the proposed changes were to clarify different
areas in central business as well as strengthen the ordinance.
Mr.
Tucker Yates of 146 Grandfather View stated he was unclear about the proposal
that was being discussed and wanted to know the process residents had to go
through in order to cut or top trees. Commissioner Ball explained that a permit
would be needed if the tree was diseased or dying and verification was needed
from a certified arborist before the tree could be removed. She clarified this was only on commercial
property. Mr. Rothrock advised under the current ordinance, single-family homes
were regulated, but in the proposed ordinance, single-family properties were omitted. He did mention that town staff would prefer
that residents discuss topping trees with the town because there could be different
alternatives. Mr. Yates felt the
proposed ordinance was not necessary.
Mr.
Dan Page of
Mr.
Dennis Quinn of
Mr.
James Craig a resident of the ETJ District off
Ginny
Stevens 852 Dogwood Lane questioned the regulations regarding subdivisions as
trees in her subdivision were recently cut without knowledge of residents in
the area. Mr. Rothrock stated that existing subdivisions would not be
regulated. Mayor Lawrence added that
during the planning of the subdivision, trees that were to remain and those
allowed to be cut would be discussed, but after the property was sold to a
private resident, they could do as they wished. Commissioner Lentz added there
was a possibility that by-laws existed for subdivisions.
Commissioner
Tester inquired if the paragraph regarding single-family property was
eliminated, would subdivisions being developed for single-family use still be
governed by the ordinance. He stated
with the removal of this paragraph, anything existing today would be
grandfathered, but anything new would be regulated by the ordinance regardless
of where it was located.
Mr.
Page reiterated his belief that single-family regulations should be taken out
completely, but agreed that commercial property should be regulated by the
Town.
Commissioner
Ball suggested the proposed section of the ordinance regarding single-family
property be sent back to Planning & Zoning for further review, she stated
that she agreed with what was being said regarding single-family
properties. She felt the town was
overstepping their bounds regarding this issue.
Town
Manager Hildebran asked Mr. Rothrock to review the ordinance because the
current ordinance in place today, was more restrictive than the ordinance
revisions being proposed.
Commissioner
Wiseman advised that she had received several complaints from citizens whose
view shed had been affected by tree topping that was done straight across
instead of canopy pruning and it was an ugly site six months out of the
year. She also felt that citizens could
be better educated by the town by sending our information in the newsletter as
well as putting information in the local paper regarding the proper way to
prune trees.
Mr.
Rothrock stated for the past six years, he had received complaints regarding
property that had been cleared of all the trees. He reviewed the current ordinance which
regulated single-family property and stated the proposed ordinance only
suggested the Town be notified when tree topping was to take place because
there could be a better alternative.
Mr.
Page stated that may be the intent of the ordinance, but it did not read that
way. He stated that a permit was
required by the Town and no criteria was given with regard to the permit
process and if the permit was not regulated it was not needed.
Commissioner
Tester stated the ordinance did imply that a resident could be turned down in
the permit process. Mr. Rothrock stated
the Town would only try to get more information from property owners who wanted
to cut or top trees to ensure trees were in fact located on their property, and
the Town’s only intent was to protect property owners. Mayor Lawrence felt the Town should be more
specific with the wording in the ordinance.
Commissioner Klutz stated that property owners should be able to do as
they pleased with their property. He did
not feel that residents would be cutting trees just for the sake of cutting
them and there were plenty of lots that were bought because of the trees and he
had seen many decks built around trees.
He did not feel that people were coming here to decimate, but sometimes
it was necessary to cut, top or trim trees and the residents of Blowing Rock
were able to decide what to do with their property. He stated again that he was not in favor of
the current ordinance, nor was he in favor of the proposed ordinance. He did not think the Town should be
involved.
Commissioner
Lentz stated he had been on the Town Council for 16 years and was on the
Planning Board 10 years prior to that, and this was an issue then. He felt through the years the ordinance had
given property owners more rights regarding trees, but he was not in favor of
the town regulating residential property, he did feel however, that commercial
property should be regulated.
Mayor
Lawrence agreed with Commissioner Lentz, but was concerned with trees being cut
on other people’s property he did not want the Town to be blamed for allowing
this to happen. He felt that
single-family should be omitted completely from the ordinance.
Mayor
Lawrence asked if anyone else wished to speak.
Mr. Kevin Craig stated a property owner’s deed stated it was their land
and they should be allowed to do as they wish on their property.
With
no further comments, Commissioner Wiseman made a motion to close the public
hearing, seconded by Commissioner Lentz.
Unanimously approved. Commissioner
Klutz made a motion that the Town go out of the tree business completely by
removing commercial and residential property from the tree ordinance. The motion died for lack of a second. Commissioner Tester made a motion to approve
the ordinance as presented with one change.
Mr. Tester asked that subparagraph “D” be eliminated entirely from
Section 16-316.03 of the ordinance (removing single-family lots from
regulation) seconded by Commissioner Wiseman.
Tester, Wiseman, Ball & Lentz -in favor of the motion. Klutz - against the motion. Motion carried. Ordinance #2007-03 Exhibit B
NEW BUSINESS
1.Ruritan
Club – Building Donation
Mayor
Lawrence excused himself from the meeting due to a conflict of interest.
Town
Manager Hildebran advised that over the past year, the Blowing Rock Ruritan
Club had discussed donating their property and clubhouse building located at
Mayor
Pro-tem Lentz asked if anyone from the Ruritan Club wished to speak. Mrs. Lynn Lawrence approached Council stating
the Ruritan Club had been in effect for 35 years and their purpose was to raise
money to help needy families in the area.
She stated the Club intended to hold their regular meetings and keep
raising fund to help others, but their membership was not as large as it once
was and it was becoming too much for them to continue to maintain the grounds
and club house. She stated that club
members wished for the Town to have the building and maintain the upkeep,
etc. Several club members were in
attendance and asked for the Town to continue to allow them to use the building
as necessary.
Commissioner
Wiseman thanked members present for all the good things they had done through
the years. She also asked if a survey of
the property had been supplied to the Town.
Mrs. Lawrence stated if the Town did not have one she would see that one
was supplied.
Commissioner
Wiseman asked who would be in charge of scheduling the use of the
property. Town Manager Hildebran stated
the building would be scheduled through the Parks & Recreation Department.
With
no further discussion, Commissioner Wiseman made a motion to accept the donation
of the Ruritan Club to the Town and for the utilities to be changed into the
Town’s name, and also requested that Town Attorney Moseley work up a deed, seconded
by Commissioner Ball. Unanimously
approved.
Mayor
Lawrence reentered the meeting at this time.
Town
Manager Hildebran presented Council with Resolution #2007-01 for their
approval. Mr. Hildebran stated the
capital equipment purchases were for two (2) police vehicles, two (2) 4x4
pickup trucks, one (1) dump truck and sewer equipment. The following bids were received:
(2) 2008 Police/Sedans/Cameras -
(Police Department)
Bobby
Jones Ford $56,976.10
Sheehy
Ford $64,980.00
Mack
Brown, Inc. No
Bid
Boone
Ford Received
after bid opening
Ross
Chrysler Received
after bid opening
Staff
recommended the lowest bid of $56,976.10 excluding tax, title and tags, from
Bobby Jones Ford be accepted for the purchase of the (2) police sedans, which
included in-car video system, light bars, and miscellaneous radio equipment and
installation/labor. Mr. Hildebran also
advised that Bobby Jones Ford would accept market value trade-in of the two (2)
police vehicles that are scheduled to be retired.
(2) 2008 4x4 Extended Cab Trucks -
(Public Works/Planning Department)
Crossroads
Ford Ford Ranger Ext. Cab
4x4 $35,686.00
Armstrong
Ford Ford Ranger Ext.
Cab 4x4 $35,720.00
Boone
Ford Ford Ranger
Ext. Cab 4x4 $39,386.00
University
Nissan Nissan Frontier
Ext. Cab 4x4 $40,500.00
Empire
Chevrolet Chevrolet
Walters
Dodge Dodge Dakota
Ext. Cab 4x4 $41,520.00
Rooster
Bush Chev. Chevrolet
Empire
Nissan Nissan
Frontier Ext.Cab 4x4 $44,202.00
Ross
Dodge Dodge
Dakota Ext. Cab 4x4 $44,400.00
Empire
Dodge Dodge Dakota
Ext. Cab 4x4 $45,504.00
Staff
recommended the bid go to low bidder Crossroads Ford for $35,686.00 excluding
tax, title, and tags.
(1) 2008 4x4 Dump Truck
Crossroads
Ford Ford F-550 w/dump
& plow $48,965.90
Black
Mountain Ford Ford F-550 w/dump
& plow $51,560.00
Terry
LaBonte Chev. Cherolet C/5500 w/dump &
plow $51,982.00
Mack
Brown Chev. Chevrolet
C/5500 w/dump & plow $55,500.00
Empire
Chevrolet Chevrolet
C/5500 w/dump & plow $56,285.00
Staff
recommended the bid be awarded to low bidder Crossroads Ford for $48,965.90
excluding tax, title, and tags.
(1) Sewer Jet
Jet
Vac Sewer Equipment Co. Harben $29,962.24
Rodders
and Jets Supply Co. 184 Trailer
Mounted $34,049.00
Bruder/Sharpe USJ 4018-300 $34,450.00
Staff
recommended the bid be awarded to low bidder Jet Vac Sewer Equipment for
$29,962.24.
(1) Sewer Camera
Public
Works Equipment Envision $8,890.00
MyTana
Manufacturing MyTana $8,895.00
Jet
Vac Sewer Equipment
Staff
recommended the bid be awarded to low bidder Public Works Equipment for
$8,890.00.
Financing Proposal – Capital
Equipment
Mr.
Hildebran advised the Town had received financing proposals from area banks to
finance the acquisition of capital equipment approved in the FY 2007-08 Budget.
The
quotes were as follows:
Bank
of
BB&T 3.77%
- no loan fee, no prepay penalty
First
Citizens Bank 4.07%
- $200 loan fee, prepay penalty
High
Country Bank 4.80%
- no loan fee, no prepay penalty
RBC
Centura Bank 4.05% - no loan fee, prepay penalty
Sun
Trust Bank 4.075%
- $500 loan fee, no prepay penalty
United
Community Bank 3.83% - no
loan fee, no prepay penalty
Wachovia
Corp. 5.29%
- loan fee, prepay penalty
Staff
recommended that financing for the lease-purchase equipment be awarded to low
bidder – BB&T.
Mr.
Hildebran stated the loan amount would be up to $92,500 for a term of 2 years
with the Town paying $90,375 down toward the purchase.
Commissioner
Lentz made a motion to accept the lowest bids for the capital equipment
purchases and financing proposal as presented, seconded by Commissioner
Ball. Unanimously approved. Resolution #2007-01 Exhibit C
3.
On
September 12, 2006, Town Council executed 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
Town
Manager Hildebran presented the following proposed adjustments to the contract
which would be approved by change order #002:
$34,130.84
was the net contract sum increase for Change Order #002.
Mr.
Hildebran stated with the previously approved Change Order #001 ($15,564.57)
included, the new contract sum totals $4,325,695.41. The budget included $276,000 for
contingencies for this project and the total change orders to date $49,695.41
or 1.16% of the original contract.
Mr.
Hildebran also thanked Emergency Services Director Kent Graham, Town Engineer
Doug Chapman, Public Works Director Johnny Lentz and Planning Director Kevin Rothrock
for their hard work on this project.
A
motion was given by Commissioner Wiseman, seconded by Commissioner Ball to
accept Change Order #002 as presented.
Unanimously approved. Change Order #002 Exhibit D
4. Personnel Policy Amendment - Revision
Several
revisions to the Town of
Mr.
Hildebran stated clarification text was highlighted in blue and
policy/procedure was highlighted in red, with any deleted text crossed
out. He also stated that Finance
Director Margaret Pierce and Payroll Administrator Alicia Kellam coordinated
the revision effort.
Commissioner
Wiseman made a motion to approve the revisions as presented, seconded by
Commissioner Ball. Unanimously
approved. Personnel Policy
Amendment – Revisions Exhibit E
6.Budget
Amendment (Ordinance #2007-09)
Town
Manager Hildebran presented the following budget amendment for fiscal year
2007-2008:
Section
One on the General Fund was to allocate the funds to be received for the new
capital assets loan, additional occupancy tax funds, the demolition revenue,
and to allocate funds for the Planning Department vehicles.
Section
Two addressed the General Capital Projects Fund and recognized additional
revenues to be received that need allocating.
The additional funds were derived from the TDA end of year occupancy tax
reconciliation.
Section
Three was on the Water/Sewer Capital Projects Fund to rework the fund budget to
accurately reflect appropriations. The
loan proceeds and project appropriations were removed until the actual loan bid
takes place and more firm numbers are established.
Town
Manager Hildebran also announced that after 3 years with the Town, Finance
Director Margaret Pierce would be leaving for employment opportunity with
After
receiving no comments, a motion was received from Commissioner Lentz to approve
Ordinance #2007-09 as presented, seconded by Commissioner Ball. Unanimously approved. Ordinance #2007-09 Exhibit F
Speakers from the Floor
None
Departmental Reports
Mr.
Hildebran declared that Stage II Water Restrictions were still in effect due to
the extreme drought in the area.
Commissioner Ball verbalized that she would like to see this put on the
front page of The Blowing Rocket in
the next edition. Public Works Director
Johnny Lentz reiterated the seriousness of the situation. Mr. Hildebran also advised that flyers
could be sent to residents in the next water/sewer billing process advising
residents of the Stage II Water Restrictions and how they could help conserve
water. Public Works Director Lentz
stated the Town was getting very close to imposing Stage III Water Restrictions
if we did not receive rain very soon.
Mr.
Hildebran announced that Police Officer Cary Webb had been called up for active
duty for approximately one year and would be leaving August 16, 2007.
Other
items briefly discussed were the installation of the new parking signs in town
and the problem with dogs in Memorial Park.
Mrs.
Ginny Stevens commented on the beautiful flowers and gardens in town this
season.
At
8:45 p.m. Commissioner Wiseman made a motion to enter into Closed Session
pursuant to North Carolina General Statutes 143-318.11(a)(3) to consult with
the Town Attorney regarding pending legal matters seconded by Commissioner
Ball. Unanimously approved.
ADJOURNMENT
Council
reentered into their regular meeting at 9:00 p.m. with no further business to
discuss the meeting was adjourned.
Mayor _______________________________
J.B.
Attest:
_________________________
Sharon Greene, Town Clerk
Attachments
Ordinance
#2007-05 - Exhibit A
Ordinance
#2007-03 - Exhibit B
Resolution
#2007-11 - Exhibit C
Personnel
Policy Amendment - Revisions - Exhibit E
Ordinance
#2007-09 - Exhibit F