MINUTES
Town of Blowing Rock
Board of Commissioners
Regular Meeting – September 11, 2007
The
Town of Blowing Rock Board of Commissioners held their regular meeting on
Tuesday, September 11, 2007 at 7:00 p.m. at the Town Hall Council
Chambers. Attending were Mayor 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, Police Chief Eric Brown, Public
Works Director Johnny Lentz, Emergency Services Director Kent Graham, Building
Inspector Jesse Horner, Parks & Recreation Director Jennifer Brown, and
Town Clerk Sharon Greene.
CALL TO ORDER
Mayor
Lawrence called the meeting to order at 7:00 p.m. and asked for a moment of
silence in remembrance of the tragic 9-11 attack on the World Trade Centers in
2001.
APPROVAL OF MINUTES
Upon
a motion received from Commissioner Wiseman, seconded by Commissioner Ball, the
minutes for the regular meeting as well as the closed session meeting held on
August 14, 2007 were approved as written.
Unanimously approved.
PUBLIC HEARINGS
Sworn
to speak during the public hearing were Planning Director Rothrock and
applicant Wil Bailey.
Planning
Director Kevin Rothrock presented Council with a request from Mr. Wil Bailey
for a conditional use permit to renovate the former Pearl China Restaurant into
a new restaurant named Holli’s House of Biscuits. The property has some nonconforming
situations such as parking lot landscaping, sidewalk, and underground utilities
that would be improved to more closely meet the Land Use Ordinance. The coin laundry located in the basement of
the building would no longer be in operation.
Mr.
Rothrock went over the site plan for the building as well as parking and storm
water management. Landscaping and the proposed sidewalk were also discussed.
The
following exterior changes were proposed:
Other
proposed changes were a new dumpster and screening, and
During
the August meeting of the Planning Board a recommendation to approve the
conditional use permit with the following condition was made:
Commissioner
Klutz inquired if the dumpster pad would be near the stream located close to
the property. Planning Director Rothrock
stated it was located approximately 30 feet from the stream to allow for direct
delivery and pick up of the dumpster.
Public Works Director Johnny Lentz stated the County Health Department
required the dumpster pad to be tied directly into the Town sewer system.
Commissioner
Klutz stated he was told 20 years ago about engineering problems with the
building and wanted to know if those problems had been rectified. Mr. Rothrock stated he was not aware of those
problems but an engineer had gone through the building prior to the applicant’s
lease and no structural problems were noted.
Commissioner
Ball asked if the stairway was secure in case of fire in the building. Mr. Bailey stated additional work would be
done to the staircase to make it as safe as possible even though it would not
be in use at this time.
Commissioner
Tester asked if the basement of the building would be utilized at all. Mr. Bailey informed Council the basement had
been cleaned out and nothing would be stored there.
Mr.
Bailey assured Council of improvements planned for the stairway on the building
and also addressed the dumpster issue by stating he had contracted with GDS to
change out the dumpster with a clean one so there would not be any washing of
the dumpsters on site. He also stated a
screen would be installed around the dumpster site. Mr. Rothrock advised that staff recommended
the dumpster not be allowed up next to the building. Commissioner Klutz inquired again regarding
the engineering problem. Mr. Bailey stated
the engineer that looked at the building prior to his lease did not see any
problems. Commissioner Klutz stated he
would like to see something in writing regarding the correction of the
problem. He also asked Town Building
Inspector Jesse Horner if he had noticed anything wrong during his inspections
of the property. Mr. Horner replied that
he had not noticed anything unsafe in reference to the structure of the
building.
With
no further discussion, a motion was made by Commissioner Wiseman, seconded by
Commissioner Ball to close the public hearing.
Unanimously approved.
Commissioner Wiseman made a motion to approve CUP #2007-08 as presented,
seconded by Commissioner Lentz.
Unanimously approved. CUP #2007-08 Holli’s House of Biscuits – Exhibit A
OLD BUSINESS
Sworn
to speak during the public hearing were Planning Director Rothrock and
applicant Carlos Hernandez.
1.
CUP #2005-11 Vincent Properties- Minor Amendment (The
Rug Company)
Planning
Director Rothrock presented a request from Carlos Hernandez of the Rug Company
for a minor amendment to CUP 2005-11 (Vincent Properties) to make exterior
changes to the Rug Company building located at
With
the approval of CUP 2005-11 in 2005, staff and Planning Board made reference to
the needed improvements to the Rug Company building. Since the two buildings are joined through
the construction association with the CUP application, a request for exterior
changes beyond an administrative level could be approved through a minor CUP
amendment from Council according to Section 16-64 of the Land Use Ordinance.
Mr.
Rothrock stated that Mr. Hernandez was in the process of painting the exterior
walls and replacing the awnings on the building. Mr. Hernandez also requested permission to
apply cultured stone wainscoating along the front of the building to match the
stone on the adjacent building. The application of the stone would protrude
into the sidewalk area approximately 2-3 inches as the existing building is
built on the property line. Mr. Rothrock
stated the sidewalk in front of the building has minimal sidewalk width and at
the narrowest point is 61.5 inches measured from the building wall to the edge
of the sidewalk at the street.
Commissioner
Ball suggested the planter in front of the building be relocated closer to
Wachovia in order to make additional room along that area. Commissioner Tester inquired about
Commissioner
Lentz addressed his concerns with allowing the applicant to extend past the lot
line. He asked if the town would be giving up their sidewalk property and would
this be a non-conforming use. Commissioner Lentz asked Town Attorney Allen
Moseley for his advice regarding this. Mr. Moseley stated if the Town allowed
this, they would in fact be accepting the encroachment onto town property and
language should be added to the permit explaining this.
Commissioner
Lentz stated the encroachment wasn’t necessarily a bad thing since the exterior
of the building would be improved, but if allowed this would possibly be
setting precedence for others.
Commissioner
Wiseman questioned Town Engineer Doug Chapman regarding the required sidewalk
width. Mr. Chapman stated normally the
required width was 5 feet in order for a wheelchair to be able to turn
around.
After
further discussion, a motion was given by Commissioner Tester to approve the
CUP subject to the following:
·
That the
addition be within
·
The Town receive
an as-built survey specifying if the addition is on Town property or private
property and if it is on town property, language be added to the permit stating
it is on town property and the applicant has received an easement from the
Town.
·
The light pole
be moved from that area to provide for improved sidewalk access
The
motion received a second from Commissioner Wiseman. Commissioner Klutz inquired
since the sidewalk presently did not meet
Commissioner
Wiseman asked if Mr. Tester would change the wording in his motion from “town”
property to “public” property, Mr. Tester amended his motion to reflect this
change. Unanimously approved. CUP 2005-11 Vincent Properties (minor
amendment) – Exhibit B
2.
Mrs.
Ginny Stevens, Chairperson of the Edgewood Cottage Restoration Project
approached Council with an update on the status of Edgewood Cottage.
Mrs.
Stevens stated the contract between the Town and the Blowing Rock Historical
Society had expired on September 1, 2007 and an extension would be needed. Mrs. Stevens stated a tremendous showing had
been accomplished regarding the restoration of the cottage, and despite their
best laid plans, extended permit delays and other problems had put the project
behind. At this time, Mrs. Stevens
showed Council some of the wood that would be used in the cottage and stated they
anticipated the exterior to be finished by mid-December of this year. This would include planning the original
lumber to remove the green paint presently and reapplying it as the exterior
board and batten finish, completing the roofing with cedar shingles, and
installing doors and windows. Also the
basic grading would be done, the rock columns repaired as well as adding two
more columns.
Mrs.
Stevens advised once the structure was enclosed, the interior walls, floors,
chimney, bathroom and pantry area, plus electrical and plumbing would be
completed by early summer of 2008. The
final landscaping would be completed by July 4th and a major grand
opening celebration was planned.
Mrs.
Stevens thanked Council for their patience and asked for their approval of the extended
time-frame. Council thanked Mrs. Stevens
for the update and authorized an extension on the project until July 2008.
3.
Storm Water Master Plan – Update
Town
Engineer Doug Chapman updated Council on the progress of the Storm Water Master
Plan since the work session held the previous month (August). Mr. Chapman stated they had focused their
efforts in several areas as they completed the plan. The areas would include improvement in the
downtown area, inlet improvements in various areas, and solutions to issues in
the Laurel Park area.
Mr.
Chapman advised that McGill Associates evaluations indicate the main storm
drain pipes downtown are sufficient to carry most storm events. The most urgent issue in the area is
capturing the water near the sources therefore identifying several projects to
install additional inlets and piping in the area. Another issue is improving inlet conditions
allowing runoff to flow into the drainage system.
He
also advised there were many challenges of addressing the runoff in the Laurel
Park area, such as narrow streets, homes too close to the existing streets, and
lack of storm drains piping and inlets.
He stated it was not practical to rebuild these streets to meet current
standards, so they were working on identifying workable solutions to improve
current conditions in the area.
Mr.
Chapman stated a draft would be ready for staff’s review by the last week in
September and the final plan would be presented during the October Council
meeting for consideration.
NEW BUSINESS
Town
Manager Hildebran presented a request from the High Country Conservancy to hold
their 8th Annual Blowing Rock Mayview Madness 5K Run on Saturday,
November 10, 2007.
Mr.
Hildebran stated the 3-mile run would begin at 8:00 am at
A
motion to approve the event was given by Commissioner Lentz, seconded by
Commissioner Ball. Unanimously
approved.
Planning
Director Rothrock stated the Town was still receiving complaints from residents
of
Mr.
Rothrock stated if Council chose to pursue this issue, a draft ordinance could
be presented to the Planning Board at their September meeting and a draft
ordinance to amend the Town Code could possibly be available for Council at
their October meeting.
A
motion was given by Commissioner Wiseman, seconded by Commissioner Ball to send
this issue to the Planning Board for further review. Unanimously approved.
Due
to various conflicts with the October 9, 2007 regular Town Council meeting
date, a recommendation to reschedule the meeting for October 2, 2007 at 7:00
p.m. was given presented to Council for their approval.
Commissioner
Ball advised she was unable to attend the meeting on October 2, 2007. Commissioner
Lentz made a motion to reschedule the regular meeting from October 9, 2007 to
October 2, 2007, at 7:00 p.m. seconded by Commissioner Wiseman. Unanimously approved.
SPEAKERS FROM THE FLOOR
Mrs.
Jean Baskins of
Commissioner
Lentz stated this had been a topic of concern discussed many years ago
regarding dogs in the park area. He advised an ordinance had not been adopted,
but it was part of the Parks and Recreation policies to prohibit dogs in the
parks. Commissioner Lentz felt the safety of the children playing in the park
was very important and dogs could cause problems.
Also
speaking on the subject was Mr. David Baskins of
Mayor
Lawrence thanked Mr. and Mrs. Baskins for their comments. He mentioned dogs in Davant Field and that he
had received calls regarding this.
Town
Manager Hildebran stated in the 5 years he had been Town Manager he was not
aware of any fines being given to people and the Town had received complaints
from parents whose children had been frightened by dogs in the park.
Parks
and Recreation Director Jennifer Brown stated her concern was for the children and
their safety and that on occasion, she had observed dogs fighting with one
another and frightening the children.
Mrs. Brown stated the park area was geared for children and the Town
should not have to be responsible for children being bitten by dogs while
playing in the park.
Mr.
Baskins stated he realized accidents happened and that was a part of life, but
this issue should be addressed with consistency and fairness.
Commissioner
Klutz stated that dogs had been prohibited for years and he had made the
original signs that were put up in the park areas. He stated if the rules are there, they must
consistency be enforced.
Police
Chief Brown stated a police officer could not be in the park at all times and
apologized to Mr. and Mrs. Baskins if they believed they had received unfair
treatment.
Commissioner
Wiseman suggested this issue be further discussed at a future Council work
session.
Town
Manager Hildebran asked for Public Works Director Johnny Lentz to update
everyone on the serious drought conditions.
Mr. Lentz stated the town lake was 5 ½ feet below normal, another foot
less than last week at this time. Mr. Lentz felt the letters sent out to residents
and businesses regarding the water restrictions had helped with the
situation. Mr. Lentz stated the Town
would continue to monitor the need to enter into Stage III Restrictions.
Town
Manager Hildebran also advised 2007 tax bills would be mailed out in the next
few days. He also spoke of complaints he
had received regarding motorcycle noise in town and advised a State Highway
Patrol check point had been scheduled to make sure motorcycles had mufflers on
them.
At
the conclusion of the regular agenda, a motion to enter into executive session
per NC General Statutes 143.318.11(a)(3) to consult with the Town Attorney
regarding a pending legal matter was made by Commissioner Lentz, seconded by
Commissioner Wiseman. Unanimously
approved.
At
9:20 p.m. Council resumed their regular meeting and with no further business to
discuss the meeting was adjourned.
Mayor __________________________
J.B.
Attest:
___________________________
Sharon Greene, Town Clerk
Attachments