REGULAR MEETING OF THE TOWN BOARD OF COMMISSIONERS OF MAY 4, 2011

Transcription

1 REGULAR MEETING OF THE TOWN BOARD OF COMMISSIONERS OF MAY 4, 2011 Town Board Present: Mayor David Wilkes, Vice Mayor John Dotson, Commissioner Larry Rogers, Commissioner Dennis DeWolf, Commissioner Gary Drake, and Commissioner Amy Patterson. Also Present: Town Manager Jim Fatland, Police Chief Bill Harrell, Town Engineer Lamar Nix, Interim Town Planner Mark Maxwell, Recreation Director Selwyn Chalker, Town Attorney William Coward and Recording Secretary Jane Capman. 1. Call to order Mayor David Wilkes called the meeting to order at 7:00 p.m. 2. Public Comments There were no public comments. 3. Approve agenda Commissioner Dennis DeWolf requested that the Agenda Item pulled from the April 20, 2011 Minutes regarding the application for appointment to the Appearance Commission from Samuel Green, III be added to tonight s Agenda. Mayor Wilkes stated that Agenda Item 7 (Report from Highlands Playhouse) is being moved to the May 18, 2011 meeting. Mayor Wilkes also stated that Agenda Item 15 (Charles Dasher Request for Taxi Service) will be only a discussion item and that the public hearing will be set for May 18, As there were no further changes to the Agenda, Commissioner Amy Patterson moved to approve the Agenda, as amended, which was seconded by Vice Mayor John Dotson and the vote was unanimous. 4. Approve Minutes of April 20, 2011 (4 PM and 7 PM) Approve Minutes of April 20, 2011 (4 PM) As there were no changes to the Minutes of April 20, 2011 (4 P.M.), Commissioner Gary Drake moved to approve the Minutes of April 20, 2011, which was seconded by Vice Mayor John Dotson and the vote was unanimous. Approve Minutes of April 20, 2011 ( 7 PM) The Minutes of April 6, 2011 are further revised as follows: Section 5B (Commissioners Reports) is amended to read as follows: Commissioner Amy Patterson inquired of Town Attorney Coward if the Town Charter conformed to the Ordinances. Town Attorney Coward advised that it is the opinion of A. Fleming Bell at the 1

2 UNC School of Government that they did not conform and further explained the forms of government. After much discussion and further explanations, it was agreed to extend an invitation to A. Fleming Bell of the North Carolina School of Government to come before the Board and explain whether or not the Town s Charter complies with State statutes. As there were no further changes to the Minutes of April 20, 2011 (7 P.M.), Commissioner Dennis DeWolf moved to approve the Minutes of April 20, 2011 (7 P.M.), as amended, which was seconded by Commissioner Larry Rogers and the vote was unanimous. 5. Reports A. Mayor There was no Mayoral report. B. Commissioners and Committee Reports Commissioner Amy Patterson discussed with Town Engineer Lamar Nix the traffic light at Fourth and Maple Street. The Finance Committee advised that the meeting held with the Town s water and sewer department was very informative and discussion was had as to radio read meters. The Recreation Department will hold its meeting on May 5, C. Town Manager Town Manager Fatland reported that the Main Street Program will be meeting tomorrow evening at 6PM at the Civic Center. Main topic of discussion will be wayfinding. Commissioner Patterson inquired as to Planning Director applications and was advised 14 additional applications had been received. The Chairman of the Planning Board, Chairman of the Zoning Board and Town Manager will review the applications and report back to the Town Board prior to conducting interviews. 6. A. Highlands United Methodist Church Conditional Zoning Public Hearing The Highlands United Methodist Church is petitioning the lot bordering Spring Street & South 3rd Street to be rezoned conditionally from B-3 to B-1 CZ. The Church recently purchased the corner lot and would like to add this property to the existing property adjacent, currently zoned B-1 Conditional. The Church came before the Town Board in February 2010 petitioning for a B-1 Conditional Zoning of the lot directly behind the Church, which was granted with the following conditions: 1) The use must be church related and if the use was to change the zoning would convert back to B-3. 2) The development must leave 30% greenspace. 2

3 3) Allowing two curb cuts on Spring Street, one curb cut on Third Street and one curb cut on Church Street. 4) 10 foot side setbacks, but the allowed B-1 zero setbacks on property bordering Spring Street, Church Street, and Third Street. 5) Minimum of twenty (20) parking spaces to be provided. This petition went before the Planning Board and was approved as submitted. At the April 6, 2011 regular board meeting a public hearing was set for May 4, It is recommended that the Town Board of Commissioners approve the Highlands United Methodist Church request for Conditional Zoning. Mayor Wilkes opened the public hearing at 7:16 p.m. Jeff Weller of Summit Architecture, P.A. advised the Board that this matter was original brought before the Board in 2009 and again in February 2010 petitioning for a B-1 Conditional Zoning. Mr. Weller further advised that the building and property size had not changed since the original inception in 2009 and that there would be no parking spaces lost on Spring Street. Alice Nelson inquired that by adding the second piece of property, could the Church expand in the future. Mr. Weller advised yes it could change but it would have to be of church use. Commissioner Larry Rogers inquired of the fees charged for zoning requests. Interim Town Planner Mark Maxwell and Commissioner Rogers discussed the Town s fee schedule as Commissioner Rogers felt that the fee for the Conditional Zoning request was too high. Mayor Wilkes stated that the fee schedule could be added to the next Board meeting s agenda. As there were no further discussion, Vice Mayor John Dotson moved to close the Public Hearing, which was seconded by Commissioner Amy Patterson, which vote was unanimous and the Public Hearing was closed at 7:32 P.M. B. Consider Approval of Highlands Methodist Church Conditional Zoning As there was no further discussion, Commissioner Amy Patterson moved to Approve the Highlands Methodist Church Conditional Zoning Request and was seconded by Commissioner Gary Drake. Vice Mayor John Dotson read from the Petition for Conditional Use Zoning Application the section entitled Final Decision which reads as follows: A final decision on the rezoning petition will be made by the Board of Commissioners at the next regular meeting following the public hearing. Vice Mayor Dotson questioned if taking a vote tonight would be proper. Vice Mayor Dotson also inquired of Jeff Weller if the current commercial use of the property would continue now that there was Conditional Zoning and was advised that there would not be any issues. Mr. Weller was also asked to explain the Memorial Garden as shown on the conceptual plan. 3

4 As there was no further discussion and there was a pending Motion, the Town Board voted and the vote was unanimous. 7. Report from Highlands Playhouse This Agenda item has been pull and moved to the May 18, 2011 meeting. 8. Information Fair at Recreation Park May 23, 2011 Leadership Highlands Class Class Project It was noted that after our last Focus Day on the topic of Economics and Marketing, March 2, 2011 that there is a need to provide information to area merchants and service providers about calendar events during our high season. The Leadership Highlands Class would like to provide an informational Forum on Monday, May 23, 2011 for the Town of Highlands at large. The Highlands Happenings Forum and Information Fair 2011 would consist of two presentations (one at 10 am and one at 12:00 pm) that would give a brief overview of activities, opportunities, and events occurring between the dates of May 31st through the Highlands Culinary Weekend, which is scheduled to be held during the second week of November We have designated the following organizations as potential presenters: The Highlands Playhouse, The PAC Center, the Highlands-Cashiers Players, The Bascom, CLE, Chamber of Commerce, The Highlands-Cashiers Hospital, Town of Highlands Activities Recreation Center, The Nature Center, and the National Parks Service. Each of these groups would present their information for approximately 5 minutes at both sessions. We have already reached out to many of these organizations and received a great response about our plan. We have found that an overwhelming majority are excited to attend and are very willing to speak to the town about what is planned for their organization this season. In addition to the actual presentations that day, there would be a great opportunity for more organizations to be involved and have a presence at the Forum. We do plan to invite other organizations to man a table at the event, whereby they can meet people one on one who have an interest in their area. Some of the ideas for these table participants who may appreciate this opportunity to attend and get the word out about their organization include; Leadership Highlands, The Free Medical Clinic, Literacy Council, Friendship Center, JMAC, Greenway, Macon Economic Development Commission, Library, Town of Highlands, Winter Arts and Business Group and others. The target attendees will be the citizens of Highlands as well as seasonal residents and employees who are here in town. This Forum would provide a quick and easy way for everyone to have consolidated information on what events are taking place in our small town this season. There are obviously some great benefits to the town as a whole in that everyone would be provided the same information. The marketing effect that this could have would be fantastic for folks to spread the word. 4

5 An example might be for a waiter at Paoletti s, who attends the Forum and learns new information, to then be able to talk knowledgably to their customers about what there is to do in Highlands. Word of mouth marketing is crucial in a small community. This Forum would be the first step in branding the town from the inside out and the effects of this one day Forum could be seen for months and have a multitude of benefits. The agenda for the Highlands Happenings Forum and Information Fair 2011 will be the Highlands Civic Center, will take start at 10:00 a.m. and will consist of approximately 20 Organization whose goal would be to: Provide one-on-one information to the community Provide collateral information on specific events and be able to answer any questions that the community might have about their area and events. Provide the opportunity for the community to volunteer their time in an area in which they are interested. This will be wonderful chance for the community and the organizations to have a snap shot of all the wonderful things that make our town so unique. It can provide relationship that create and foster partnerships amongst people and the organizations that they work in. Set up information and the marketing plan have been provided to the Town Board for review and consideration. Melissa Delany discussed with the Town Board the presentations that will be made at the Fair and explained that the Fair will be a good way to get the word out as to what is happening in the Town and surrounding areas. As this was merely a discussion item, no vote was taken. 9. Contract Bid Award for Fire Dept Mini Pumper At the April 6, 2011 regular Town Board of Commissioners meeting the Town Board approved a resolution authorizing the Highlands Fire & Rescue Department to accept bids for the purchase of a new mini pumper. The bids were due by 12:00 P.M. (noon) on May 3rd and were opened at the Highlands Fire & Rescue Department business meeting that night. The following bids have been presented to the Town Board for approval: 1. Moore Farm Equipment Sales & Service, Inc. $160, MES-Carolinas $171, Heritage Fire Equipment, Inc. $174, It is recommended that the Board award the bid for the Highlands Fire & Rescue Department mini pumper to the lowest bidder, Moore Farm Equipment Sales & Service, Inc. for $160,

6 Robbie Forrester, Rescue Captain, advised that three bids were received and this item was within budget. Vice Mayor Dotson inquired if the piggy back method would have save money but was advised that the amount would have been the same. As there was no further discussion, Commissioner Gary Drake moved to award the bid for the Highlands Fire & Rescue Department mini pumper to the lowest bidder, Moore Farm Equipment Sales & Service, Inc. for $160,000.00, which was seconded by Commissioner Dennis DeWolf and the vote was unanimous. 10. Discussion of Proposed Noise Ordinance & Setting of Public Hearing A draft of the Noise Ordinance was presented to the Board for their review. Town Attorney Coward stated that he had reviewed the Ordinance, but took another look at it and needed to work on further changes with staff. Police Chief Bill Harrell advised that the current Ordinance in place is not enforceable and Mayor Wilkes agreed. Additional discussion was had as to the necessity of a public hearing. Town Attorney Coward stated that he will make the necessary changes, as discussed, forward the same to Chief Harrell for review and bring it back to the Town Board for further discussion. A public hearing will be set, if necessary. 11. Consider Approval of Electronic Gaming Ordinance Amendment The below draft of the Electronic Gaming Operations Amendment was Approved by the Planning Board on April 27, The following would be added to the Highlands Zoning Ordinance as Section 501.1(T): Electronic Gaming Operations (See Section 512). Add the following to the Highlands Zoning Ordinance as Section 512: Section 512. Electronic Gaming Operations Definition. Any business enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including, but not limited to computers and gaming terminals, to conduct games of chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. The term includes, but is not limited to internet sweepstakes, internet sweepstakes café, video sweepstakes, or cybercafes, which have a finite pool of winners. This does not include any lottery endorsed by the State of North Carolina Location. 6

7 Subject to the provisions of this Ordinance, and subject to state law, as may be applicable, electronic gaming operations may be located in areas zoned B-1, B-2, B-3, B-4, GI & B Application for permit. Any application for an electronic gaming operation shall be considered an application for a Special Use Permit, and shall be processed according to the provisions of Section Requirements. (A) Days/Hours of operation: businesses engaging in electronic gaming operations activities may operate from 8:00 am until 12:00 midnight each day, seven (7) days per week. (B) The maximum number of devices used, (machines/terminals/computers or combination thereof) for any electronic gaming operations business is 10. (C) Minimum parking spaces, where required by the zoning district: One (1) space for every two (2) terminals or one (1) space per every two hundred (200) square feet of total floor area, whichever is greater, and one (1) space per employee, in addition to other parking requirements. (D) All applicable permits, including those for signage, must be issued to the applicant prior to the issuance of the special use permit and the opening of business. (E) If food or beverage is served, the establishment must meet the requirements of the Macon County Health Department, including any and all necessary permits and/or licenses. No alcohol is to be brought in or sold for consumption in the establishment. (F) The establishment must be a minimum of two hundred (200) feet from any residential zoning district. (G) The establishment must be a minimum of two hundred (200) feet from any established religious institution/synagogue, school, daycare center/home, library, public park, recreation area or motion picture establishment where G or PG rated movies are shown to the general public on a regular basis. (H) The establishment must be a minimum of five hundred (500) feet from any other electronic gaming operation. (I) Measurement of distance separation shall be in a straight line from the closest point of the buildings at which the electronic gaming operations business is located. Town Attorney William Coward discussed possibly expanding Section (Definition) but stated that it did appear to be broad enough. Commissioner Amy Patterson discussed incidental verses primary uses and spacing between the business establishments. 7

8 Vice Mayor John Dotson raised the issue of parking and Interim Town Planner Mark Maxwell discussed the requirements. Mayor Wilkes stated that he did not think that the proposed amendment needed to be less restrictive. Vice Mayor Dotson also advised that he would like to see revenue generated through a fee being charged and discussion was had as to the same. Vice Mayor John Dotson moved to amend the Electronic Gaming Operations Amendment in section and 512.4(B) and(c), which was seconded by Commissioner Gary Drake and the vote was unanimous. The additions are bolded and in italics. Additional discussion was held as to electronic machines already in place within the Town limits with one location exceeding the number of machines as referred to in the proposed amendment. As there is presently a moratorium in place, Vice Mayor Dotson inquired that if the moratorium were to be lifted, would the existing business need to be in compliance and was informed that they would be grandfathered in. Commissioner Amy Patterson moved to lift the moratorium, which was seconded by Commissioner Gary Drake, and the vote was unanimous. 12. Fire Department Ordinance Town Attorney William Coward advised the Board that he had met with Bobby Houston and Robbie Forrester and discussed the existing Ordinance. With the Board members, Town Attorney Coward discussed the primary and secondary fire districts, past and present building codes, the need to update the existing Ordinance and advising that the Town of Highlands can have a more stringent code if it so desired. Town Attorney Coward stated that he wanted to strive to make let citizens know what is legal and what is illegal and that it was possible to add more requirements to the Ordinance and not take away from state law. Town Attorney Coward further stated that the Town should have a link on its website for statutes that would be easily accessible by the citizens. Commissioner Amy Patterson discussed the word permitting and wanted to know if the word meant to allow or if it meant requiring a permit. After further discussion and reviewing Chapter 5 section by section it was ultimately decided that Town Attorney Coward shall redraft the Fire Department Ordinance and bring it before the Board for review at a later date. 13. Appointments to the Public Safety Committee The Town of Highlands approved the establishing of a Public Safety Committee at its regular Board of Commissioner s meeting on April 6, Required appointments and nominations are James Manley, Fire Chief, Bill Harrell, Police Chief, Amy Patterson, Commissioner, Larry Rogers, Commissioner, Jim Fatland, Town Manager, David Wilkes, Mayor. It is recommended that the Board approve the above appointments to the Public Safety Committee. 8

9 Mayor Wilkes advised that all of the nominees have accepted appointment to the Public Safety Committee. 14. Old Edwards Inn Valet Parking On June 16th, 2010, the Town Board once again approved Old Edwards Inn to keep two valet parking spaces on Main Street in front of the Inn. These two spaces had been approved by the Board for several years in order to remove Inn visitors vehicles from Main Street. The large parking lot between Spring Street and South Street was used for the parking of vehicles that were being moved from the valet spaces. Now plans have been finalized to remodel the old Rib Shack property into a conference center, including 22 additional hotel rooms. The entire site will contain approximately 60 parking spaces. This would leave approximately 20 spaces available for valet parking. Old Edwards Inn requests the Town Board s support for the continued use of the two valet spaces on Main Street. In addition, the new use will be submitted as a Special Use Permit to the Zoning Board of Adjustment for the June 2011 meeting. Only the Town Board has the authority to grant Valet Parking. It is requested that the Town Board discuss and render its decision concerning the status of the two valet parking spaces on Main Street. John Lupoli spoke with the Town Board and passed out the conceptual plan for the project. Mr. Lupoli discussed the four star rating that Old Edwards Inn presently has, the existing buildings, which will be kept, the three buildings to be added, parking regulations and an increase in pervious surfaces. Vice Mayor Dotson discussed valet parking spaces to the number of rooms at the Inn to which Commissioner Patterson gave examples of formulas and discussed employee parking. Mayor Wilkes stated that as long as the spaces are used for what they are intended for, it is good to get more cars off Main Street. The Town Board by general consensus indicated support for the plan. There was no vote. 15. Charles Dasher Request for Taxi Service The Board was presented with copies of the Charles Dasher s application for Business License, rate sheet, letters from business owners endorsing the venture and insurance information. The Board was also presented with Article IV (Taxicabs) for their review. It was ultimately decided that a public hearing was not necessary. Town Attorney Coward questioned Mr. Dasher as to the insurance paperwork provided stating that there was no effective date and was not a commercial policy. Mr. Dasher responded by stating that he would purchase the same if the Town Board approved this venture. Mr. Dasher also stated that there would no taxi stand, there would be only be one vehicle to begin the venture and when not in use, that vehicle would be parked at his residence. Also discussed was signage. 9

10 As there was no further discussion and it was ultimately decided a public hearing was not necessary, Commissioner Larry Rogers moved to approve Charles Dasher s request for Taxi Service, which was seconded by Commissioner Amy Patterson, and the vote was unanimous. 16. Board Appointment(s) This matter has been added to the agenda at the request of Commissioner Dennis DeWolf. The Town had received an application for the Appearance Commission from Samuel Green, III with a proposed term from April, 2011 through July, After discussion at the April 20, 2011 Board meeting, this agenda item was pulled in order to meet with the applicant. Commissioner Dennis DeWolf moved to appoint Samuel Green, III to the Appearance Commissioner with a proposed term from April, 2011 through July, 2014, which was seconded by Vice Mayor John Dotson and the vote was unanimous. 16. Adjourn As there were no further matters to come before the Board of Commissioners, Commissioner Gary Drake moved to adjourn, which was seconded by Commissioner Amy Patterson and upon unanimous vote the Town Board adjourned at 9:59 p.m. James R. Fatland Town Manager Jane J. Capman Recording Secretary Mayor David Wilkes 10