Buck Trott thanked Town staff for helping relocate the American Red Cross Shelter from the Peggy Crosby Center to the Parks and Recreation Center.

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1 Regular Meeting Minutes of the Town Board of Commissioners Meeting of September 20, 2012 at the Highlands Community Building, 71 Poplar Street, Highlands, North Carolina. Town Board Present: Mayor David Wilkes, Commissioner John Dotson, Commissioner Amy Patterson, Mayor Pro Tempore Gary Drake, Commissioner Eric Pierson, and Commissioner Brian Stiehler. Also Present: Town Manager Robert Frye, Town Clerk Rebecca Shuler, Parks and Recreation Director Lester Norris, MIS/GIS Director Matt Shuler, Public Works Director Lamar Nix, Planning and Development Director David Clabo, Police Chief Bill Harrell, Code Official Josh Ward and Town Attorney Bill Coward. 1. Meeting Called to Order Mayor Wilkes called the meeting to order at 6:59pm. 2. Public Comment Period Buck Trott thanked Town staff for helping relocate the American Red Cross Shelter from the Peggy Crosby Center to the Parks and Recreation Center. Pat Taylor addressed the Board in reference to the Grinder Pump Policy that was to be looked at back in November of He would really like to see the policy be put into place by November Adjust and Approve Agenda Mayor Wilkes stated that he would like to see Item 7D Playhouse Winterization/Repair Bids tabled at this time. Mayor Pro Tempore Drake made a motion to approve the agenda with the before mentioned correction, which was seconded by Commissioner Stiehler and the vote was 4. Approval of Minutes Regular Meeting Minutes of August 16, 2012 Commissioner Patterson stated the Ordinance to Extend the Corporate Limits of the Town Of Highlands that was presented at the August 16 th meeting and included in these minutes needs to have the effective date in Section 1 and Section 2 consistent with a date of September 1 st as it was when originally presented. Commissioner Stiehler made a motion to approve the regular meeting minutes of August 16, 2012 with the before mentioned correction. The motion was seconded by Commissioner Patterson and the vote was Closed Session Minutes of August 16, 2012 Mayor Pro Tempore Drake made a motion to approve the closed session minutes of August 16, 2012, which was seconded by Commissioner Pierson and the vote was Special Meeting Minutes of August 22, 2012 Mayor Pro Tempore Drake made a motion to approve the special meeting minutes of August 22, 2012, which was seconded by Commissioner Patterson and the vote was 5. Reports A. Mayor There was no mayoral report.

2 B. Commissioners & Committees Commissioner Stiehler thanked Town staff again for the wonderful work during recent storms. Mayor Pro Tempore Drake reported on the recent County EDC meeting he had attended at which they toured the Harmony House Food Repackaging Company. He also discussed the County s unemployment rate and taxable sales. Commissioner Pierson reported on the Insurance Committee meeting and stated there were lots of new ideas and information from the employees. C. Town Manager Manager Frye reminded the Board of the Joint Meeting which the Town is hosting at HCC on October 11 th at 6:30pm. He also informed the Board of the Dry Falls reopening and ribbon cutting on the 21 st of September. 6. Consent Agenda Public Works Department Police Department Parks & Recreation Department Planning & Development Department Treasurer s Report Mayor Pro Tempore Drake made a grammatical correction to the Planning & Development report and mentioned the importance of proof reading. Commissioner Dotson moved to approve the Consent Agenda with Mayor Pro Tempore Drake s correction, which was seconded by Commissioner Pierson and the vote was 7. Financial Matters A. Main Street Restroom Agreement Town Manager Frye informed the Board that there really is no way to separate out the utility charges and place the restrooms on a separate meter and in regards to the wear and tear charge, Mr. Lupoli agreed to remove this item from the agreement and for the item to be discussed at the end of the contract period. Commissioner Stiehler made a motion to approve the agreement for the Cleaning of the Main Street Restrooms and Commissioner Dotson seconded the motion. Commissioner Patterson had a question in regards to the budget amendment amount and was told by Manager Frye the amount had changed due to bad math. Commissioner Patterson also questioned the cleaning times in the contract being back to back after a period of time the restrooms are going to be closed and wanted to know if the times could be rearranged or if some of the time could be reduced. After a brief discussion as to how this could be resolved, Commissioner Stiehler rescinded his current motion and made a new motion to approve the budget amendment for the Main Street Restroom Cleaning but to table the agreement until the next meeting in October. The motion was seconded by Commissioner Dotson and the vote was B. Approval of Donation for Chamber Building/Budget Amendment Town Manager Frye informed the Board the funds for the purchase of the Nick s Restaurant Building had been received. In order to proceed with the purchase of this building, the Board needs to accept the donation and recognize the revenue so that the budget can be amended. Frye told the Board that a survey of the property was being conducted and that the closing would be sometime in October.

3 Mayor Pro Tempore Drake made a motion to accept the donation, which was seconded by Commissioner Stiehler and the vote was Commissioner Patterson then made a motion to amend the FY12-13 budget to recognize the revenue and expenditure for this project, which was seconded by Mayor Pro Tempore Drake and the vote was 8. Planning Matters A. Dog Mountain Annexation Ordinance Revision At the August 16, 2012 regularly scheduled Board of Commissioners Meeting the Board approved an Ordinance to Extend the Corporate Limits of the Town of Highlands, North Carolina (Kriswood Subdivision, aka Dog Mountain). With further execution of the ordinance in regards to recording and research on Zoning Designations for Annexations, staff found in NCGS 160A-31 (d) that The governing board shall have authority to make the annexing ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the June 30 of the following year after the date of passage of the ordinance. Staff had the effective date of the annexation listed as September 1 st, 2012 on the Ordinance that was adopted. To correct this inconsistency with state statute an ordinance amendment needs to be approved. AN ORDINANCE TO AMEND ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF HIGHLANDS, NORTH CAROLINA (DOG MOUNTAIN) TO CHANGE THE EFFECTIVE DATE OF ANNEXATION OF PROPERTY DESCRIBED AS KRISWOOD SUBDIVISION A.K.A. DOG MOUNTAIN Ord Ord WHEREAS, on August 16, 2012 the Town Board of Commissioners of the Town of Highlands, by adoption of Ordinance to Extend the Corporate Limits of the Town of Highlands, North Carolina (Dog Mountain), did annex Kriswood Subdivision a.k.a. Dog Mountain effective September 1, 2012; and WHEREAS, NCGS 160A-31(d) states The governing board shall have authority to make the annexing ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the June 30 of the following year after the date of passage of the ordinance. ; NOW, THEREFORE, BE IT ORDAINED, by the Board of Commissioners of the Town of Highlands, North Carolina, that: Section 1. Ordinance to Extend the Corporate Limits of the Town of Highlands, North Carolina (Dog Mountain) is amended to show that the effective date for the annexation of Kriswood Subdivision a.k.a. Dog Mountain, as August 16, Section 2. No other portion of Ordinance shall be affected by this amendment. This ordinance is adopted the 20 th day of September, The Town of Highlands Attest: David Wilkes, Mayor Rebecca R. Shuler, Town Clerk

4 Commissioner Steihler made a motion to approve the ordinance to amend the ordinance adopted at the August 16 th meeting to extend the Corporate Limits. Commissioner Patterson wanted to make sure the dates matched in both sections as mentioned when approving the August 16 th minutes. Mayor Pro Tempore Drake seconded Commissioner Steihler s motion. Commissioner Dotson inquired as to why we would make this effective right now and not wait until the residents of Dog Mountain were paying property tax. Planning and Development Director Clabo and Manager Frye told Dotson property taxes were prorated. The vote was B. Request for Public Hearing: Dog Mountain Zoning Designation The procedure that was followed for establishing a Zoning District for the newly annexed area (Dog Mountain Road) has been questioned. Staff did additional research and contacted State professionals on this matter. The advertisement for the annexation public hearing ran in the newspaper twice to satisfy the zoning requirements, but did not address zoning districts for these properties. Therefore, a separate public hearing for zoning is required. Staff requests the Board to set a Public Hearing for the regular meeting of October 18, 2012 to establish a zoning designation. Commissioner Patterson made a motion to set a public hearing on the zoning of the annexed Kriswood Subdivision a.k.a. Dog Mountain for Thursday, October 18, 2012 at 7pm. The motion was seconded by Mayor Pro Tempore Drake and the vote was C. Request for Approval OEI Spring Street/5 th Street Design OEI submitted the Spring Street/5 th Street Design to the Planning Board for review. Staff feels the plan will make the block complete and eliminate the safety concerns of vehicles entering Spring Street from Fifth Street. After brief discussion in reference to lane widths and parking, Commissioner Stiehler made a motion to adopt the design, which was seconded by Mayor Pro Tempore Drake and the vote was D. Encroachment Agreement Request Mr. and Mrs. Scott Glass at 146 Worley Road are seeking permission from the Board to encroach on the right-of-way to allow them to construct two parallel parking spaces to the existing roadway. Mrs. Glass presented their plan to the Board. Commissioner Patterson was concerned and wanted to make sure they would look at stormwater so that it did not impede on surrounding property owners and Worley Road. Commissioner Stiehler made a motion to grant the Glasses permission to encroach on the Town right-of-way and construct their two parking spaces with the signing of a revocable license and inclusion of a plan to make sure they do not affect the stormwater drainage to impede on surrounding property owners and Worley Road. The motion was second by Commissioner Patterson and the vote was E. Main Street/Branding Program Ran Shaffner presented the board with a Main Street/Branding Program update. After the presentation Mayor Pro Tempore Drake made a motion to accept the logo, brands, and sign suggestions. Commissioner Dotson questioned the copyright process. Commissioner Patterson seconded the motion and the vote was 9. Miscellaneous Matters A. Insurance Claim Request Wick Ashburn requests the Town reimburse him $1,000 for the cost of his insurance deductible for a recent claim he had to make due to a water line break that flooded his office in Wright Square. The Town filed a claim in reference to the same incident and

5 the claim was denied. The Town has never paid for an insurance claim or insurance deductible that has been turned down by its own insurance carrier. Mayor Pro Tempore Drake made a motion to deny the request, Commissioner Stiehler seconded the motion. Commissioner Dotson stated he felt the incident was no fault of Wick s and that despite the Town s immunity the Town should do something. Commissioner Stiehler said he didn t think the Town should set a precedent like this and felt that was the reason the Town had insurance. The vote was 4 to 1 to deny the request. Commissioner Dotson voted nay. B. Chamber Request: Holiday Street Closing The Highlands Chamber of Commerce s traditional Holiday events for 2012 have been scheduled for the following dates: Halloween ~ Wednesday, October 31 from 5:30pm ~8:00pm Christmas Tree Lighting ~ Saturday, November 24 from 5:30pm ~ 7:30pm Christmas Parade ~ Saturday, December 1 from 10:00am ~ 12:00noon The Chamber requests annually for permission from the Highlands Board of Commissioners to close portions of the business district in order to conduct these planned activities. In addition to that request this year, the Chamber would like to request permission to include blocking off 12 parking spaces immediately in front of the Highlands United Methodist Church during the late afternoon of Saturday, November 24, 2012 for the purpose of set up and execution of the Christmas Tree Lighting later that evening. These spaces are those that the HUMC ordinarily will reserve for weddings and special events. Restricting these spaces will provide for a safer venue, prevent vehicles from blocking spectators view of the tree lighting, and will prevent vehicle operators from parking in these spaces expressly for the purpose of securing a viewing spot from their vehicle while obstructing the view of bystanders. The assistance of the Highlands Police, Fire and Recreation Departments is respectfully requested in order to provide a safe and secure venue for the visitors and participants as in past years. Commissioner Patterson moved to approve the request after asking about a map outlining the specific areas to be closed, which was seconded by Commissioner Pierson and the vote was C. Service Call Charges There has been increased activity in the Electric and Water Departments in which calls have been received for service for various reasons (from generator calls and water leaks to pressure issues, etc.) where the utility crew responds to find nothing wrong with the Town s service or equipment. Service Call Fees need to be updated in regards to this type call where our Utility Crews do not find any deficiencies in the Town s service or equipment. The current charge is $30 for Service Calls. The proposed rate increase is $75 during regular business hours and $150 after business hours. These rates would be concurrent with the recently increased reconnect fees adopted in October of After brief discussion, Mayor Pro Tempore Drake made a motion to approve raising the Service Call Charge to $75 during regular business hours and $150 after business hours, which was seconded by Commissioner Pierson and the vote was D. Town Surveillance Camera Policy The Board was provided with a draft copy of a proposed Surveillance Camera Policy for the Town of Highlands to review for discussion at the October 18 th regular meeting. 10. Adjournment

6 As there were no further matters to come before the Board of Commissioners, Commissioner Dotson moved to adjourn, which was seconded by Commissioner Patterson and upon unanimous vote, the Town Board adjourned at 8:46pm. David Wilkes Mayor Rebecca R. Shuler Town Clerk