The Mayor and Board of Commissioners for the Town of Blowing Rock met in regular session on Tuesday, October 9, 2001 at 7:00 p.m. Present were Mayor J. B. Lawrence, Barbara Ball, Terry Lentz, Michael Sweeting, Charles Travis, and Rita Wiseman. Also present were Town Manager Don Holycross, Town Attorney Allen Moseley, Town Engineer Marion Rothrock and Town Clerk Barbara Beach. Other staff members attending the meeting were Public Works Director Johnny Lentz, Police Chief Owen Tolbert, and Building Inspector John Warren.

Ms. Wiseman made a motion that the minutes of September 11, 2001 meeting be adopted as submitted. Mr. Sweeting seconded the motion, and it was approved unanimously.

Mayor Lawrence asked to be excused from the meeting for the discussion and action on the first public hearing because of his position on the Board of Directors of the Blowing Rock Hospital. Mayor Pro tem Travis opened a public hearing to hear testimony on the following matter.

Mrs. Pat Gray, along with Mr. David Ramseur, CEO of the Longview Group, was present to request a major amendment to the Conditional Use Permit that was approved on August 14. They are requesting five changes to the permit: 1) They are requesting that the alignment of the access road to lower Chestnut Drive be changed along the southern boundary of the property to make it closer to the common property line. 2) The location of the Adult Day Care building would be kept in its current location. 3) The same number of independent living units (60), but one duplex would be eliminated and would be replaced by one single-family unit and one additional unit in the large multi-family building. 4) The storm water detention facility would be constructed under the large multi-family building instead of at the rear of that building. 5) Some of the building elevations have changed, but are still consistent with the designs contained in the original proposal.

In addition to Mrs. Gray and Mr. Ramseur, the following adjoining property owners and neighbors were sworn to speak: Michael Catanese, Bob Hege, Suzanne Wilson, Keith Wyke, and Kim Johnson. The citizens who own property on lower Chestnut Drive were adamantly opposed to the original CUP, which approved the access road into lower Chestnut Drive.

After hearing input from citizens, Council members discussed their preferences for the location of the access road. After a motion by Mr. Sweeting, second by Mrs. Ball, and a unanimous vote in favor of the motion, Mr. Travis ruled the public hearing was closed.

Mr. Ramseur asked for approval of the amendment as requested with no change. He stated that they have followed the requirements of the Town in developing the access road and that it will impact their access to the project if the entry to lower Chestnut is changed.

Ms. Wiseman moved that the amendment to CUP # 2001-003 be approved as submitted. The motion died for lack of a second.

Mrs. Ball made motion that the prior approval for an access road intersecting with lower Chestnut Drive be rescinded, and that an access road be constructed at the north end of the condo complex, and that the remaining four conditions of the amendment request be approved. Mrs. Gray stated that she did not want to come back with another plan for approval, and that she might retract her request for an amendment, and construct the project as originally approved in August. After consultation with Mr. Ramseur, she decided not to withdraw her amendment request. Mr. Lentz seconded Mrs. Ball’s motion, and the vote was called. Voting in favor of the motion: Ball, Lentz, and Sweeting. Voting against the motion: Wiseman. The motion was approved.

Mr. Travis called for a five-minute recess. At 9:15, Mr. Lawrence reconvened the meeting.

2. Amendment to the Conditional Use Permit for The Cones, Phase II

Mr. Steve McLeod, developer, was present to explain the request to change the location of Building 4 of the project. Mayor Lawrence opened a public hearing to hear testimony on this request. Mr. McLeod explained that building plans were submitted and structures constructed that were larger than originally approved and the fourth building could not be completed as originally planned.

Mr. Lentz moved that the public hearing be closed, and by second of Ms. Wiseman, the motion was unanimously approved. Mr. Sweeting made motion that the amended site plan for the Cones be ratified as submitted. Mrs. Ball seconded, and all voted in favor.

Mr. Holycross provided an update on actions that have been taken to ensure clear water for Town residents. He reported that he is unaware of any system problems at this time.

Marion Rothrock provided preliminary plans for the proposed sidewalk, which will be sent to NCDOT on October 10. Mr. Sweeting urged another member to join him in voting against the project, stating that other areas of Town were in greater need of sidewalk construction. Mr. Travis explained that he continues to support the Highway 221 plan because Council is responding to citizen support for funding of additional sidewalks. Ms. Wiseman replied that the existing right of way and state funding give this project greater priority than others. No further action was taken to rescind prior approval of the project.

Mrs. Ginny Stevens was present to request the future lease of the Fire Department space if the Fire Department relocates to the 321 Bypass. Attorney Anthony di Santi had drafted an agreement giving the Art and History Museum right of first refusal if the space becomes available. Upon motion of Mr. Lentz, second by Mrs. Ball, Council voted unanimously to schedule a public hearing for the November 13 meeting to receive public comment about this matter.

2. Progress Report on New Raw Water Intake

Ms. Wiseman asked Mr. Holycross for an update on the proposed new raw water intake. Mr. Holycross referred the question to the Town Engineer. Mr. Rothrock stated that we are waiting for a high flow of water, so it can be recorded in the data to be presented for State approval of the proposal.

3. Closed Session

There was no further business, and Mayor Lawrence adjourned the regular session of the meeting to a closed session for Council to consult with the Town Attorney by authorization of NCGS 143-318.11(3).

After reconvening in open session, there was no further business, and the meeting was adjourned at 11:58 p.m.

______________________________

Barbara Beach, Town Clerk

For further report to Council, or for Retreat Agenda

1. property options for intake

2. signs on Main Street

3. moratorium on new construction