TOWN OF TRYON by fionan

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									                                                                          Board of Commissioners
                                                                          Minutes August 18, 2009
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                               TOWN OF TRYON
                           BOARD OF COMMISSIONERS
                                AUGUST 18, 2009

Present: Mayor Alan Peoples
         Mayor Pro Tem Jim Scott
         Commissioner Dennis Durham
         Commissioner Roy Miller
         Commissioner Austin Chapman

Staff Present: Justin Hembree, Town Manager                  Susan Bell, Town Clerk
               Jeff Arrowood, Police Chief                   Joey Davis, Fire Chief
               Public Works Director Joel Burrell            Bailey Nager, Town Attorney

                                   CALL TO ORDER

Mayor Peoples called the meeting to order. Mayor Pro Tem Scott led the invocation and
the Pledge of Allegiance.

                                SPECIAL PRESENTATION

Mayor Peoples presented Zoning Administrator Erin Burris with a Resolution of
Appreciation for her dedicated service to the Town of Tryon. Burris stated that is was
wonderful to work for Tryon and thanked the Board. Richard Smith also thanked the
Board for contracting with Benchmark to handle the zoning and code enforcement.

                                  AGENDA ADOPTION

Mayor Peoples entertained a motion to adopt the agenda. Commissioner Durham so
moved. The motion carried unanimously.

                   CITIZENS COMMENTS ON AGENDA ITEMS

There were none at this time.

                                  CONSENT AGENDA

Commissioner Chapman asked about the tax reports. Manager Hembree stated that he
would talk with Tax Collector Justice and get back with him. Commissioner Durham
stated that we need to make sure the Summer Tracks concerts break even. Hembree
stated that at the end of the series he would get with Peter Eisenbrown and staff to see
how we can make sure that happens.

Mayor Peoples entertained a motion to adopt the consent agenda. Mayor Pro Tem Scott
so moved. The motion carried unanimously.
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                                                                         Minutes August 18, 2009
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                            EMPLOYEE RECOGNITION

Manager Hembree stated that Captain Tim Wright has received his Bachelor of Science
Degree in Criminal Justice from Gardner Webb. This truly shows a lot of commitment.
He works full-time with the police department and has a family.

Hembree introduced and welcomed Melanie Sand, the Town’s new planner. She will be
in Tryon Monday and Tuesday of each week.

    PUBLIC HEARING: PROPOSED TA 2009-05 BOARD OF PLANNING &
              ADJUSTMENT & VARIOUS AMENDMENTS

Mayor Peoples opened the public hearing. Zoning Administrator Burris stated the
proposed text amendments include combining of the Board of Adjustment with the
Planning Board, resolving conflicts within the ordinance that have resulted from previous
amendments, clarifying existing regulations, and revising administrative procedures. She
went over the amendments, also explaining that she had talked with both the Board of
Adjustment and Planning & Zoning Board about combining the boards. Both boards
thought it was a good idea.

Commissioner Chapman asked about the definition of manufactured home. Burris read
the definition in the ordinance. Chapman stated that many homes are brought to sight on
a trailer. Burris stated that modular homes have to meet HUD standards. Crys Armbrust
asked about allowing Bed & Breakfast to only have six bedrooms. Burris stated that is
not one of the changes. Chapman stated that few houses in Tryon have the right-of-way
marked (4.7). On page 63 of the agenda mobile is still listed several times. Burris stated
that she would correct. Chapman stated that the Town will be hard pressed to follow
some of the ordinance. Mayor Peoples stated that this is a living working document.

Attorney Nager suggested approving the amendments with the condition that the
effective date combining the boards be the same date members can be appointed. Burris
stated that this would allow time advertising. The new board will have to establish by
laws and hold elections for positions. Commissioner Durham asked if there were any
objections from the boards. Burris stated there were a few questions, but no major
concerns or objections. Hembree suggested the effective date be October 18, 2009. This
will allow time for advertising.

Nager has a few substitive corrections and he suggested some type of training for the new
board to learn about the quasi-judicial hearings. Being no more comments, Mayor
Peoples closed the public hearing.

                       CONSIDER ADOPTION OF TA 2009-05

Mayor Peoples entertained a motion to adopt the proposed TA 2009-05 subject to the
Town Attorney’s changes and making the effective date to combine the Planning &
Zoning Board with the Board of Adjustment October 18, 2009 to allow for applications
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                                                                          Minutes August 18, 2009
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to be received, training for the new board will be provided, the Board of Commissioners
finds that the proposed text amendments are consistent with the plans and policies of the
Town of Tryon. Commissioner Durham so moved. The motion carried unanimously.

 RESOLUTION OF TOWN OF TRYON ACCEPTING AND ENDORSING THE
UPDATE OF TEN YEAR COMPREHENSIVE SOLID WASTE MANAGEMENT
                        PLAN OF 2009

Paul Dow, with Altamont stated that the Solid Waste Management Plan has to be updated
and adopted every three years. The plan has been on Polk County’s website for a month.
Each county or municipality needs a plan or has to team up with another local
government. Commissioner Chapman stated that he read all 86 pages of the plan and he
applauds the statistics, but he’s not sure if the plan addresses a solution. The plan is not
doing what it is supposed to do. The vision is not a vision. Commissioner Durham stated
that he is interested in recycling and a lot could be done to eliminate the landfill.
Chapman stated that the vision should be “Recycle all solid waste.”

Mayor Peoples entertained a motion to approve the Resolution Accepting and Endorsing
the Update of Polk County’s Ten Year Comprehensive Solid Waste Management Plan of
2009. Commissioner Durham so moved. The motion carried unanimously.

         RESOLUTION OF VERIFICATION FROM TOWN OF TRYON

Chief Davis stated that Volunteer needed to be removed from the resolution. ISO will be
spot checking next month. He is requesting that this resolution be updated with the
current council.

Mayor Peoples entertained a motion to adopt the Resolution of Verification from Town
of Tryon for the Fire Department. Commissioner Miller so moved. The motion carried
unanimously.

                     OFFER TO PURCHASE AND CONTRACT

Attorney Nager stated that he is bringing back the contract to purchase the water tower
property. The Board has already approved the contract, but the seller made some
changes, including an increase in the price. Saluda and Columbus have already approved
and the closing will be on Friday if possible. Commissioner Chapman asked if the Town
was comfortable with section nine (water pumps on the property can only be run during
emergencies). Nager stated that this tower is not to be used as a regular operating device.
Hembree stated that the pump would be used when pumping water to Saluda. Hembree
stated that this has been brought up by Mr. Holloman of Columbus and Mr. Williams of
Saluda. Joel Wood has told us that he is okay with this.

Chapman asked about pumping during drought conditions. PWD Burrell stated that it
would be gravity fed from tank down hill. The only time the pumps will be in use in
when pumping the water to Saluda.
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                                                                          Minutes August 18, 2009
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Mayor Peoples entertained a motion to approve the amended offer to purchase and
contract for the water tank property from Cameron L. Scott. Commissioner Durham so
moved. The motion carried unanimously.

   BUSINESS AND TOURISM DEVELOPMENT COORDINATOR POSITION

Manager Hembree presented a proposed job title and job description. The enclosed draft
is based on examples from other places. He worked with Wanda May (TDDA) and Bill
Martin (TTDA) on the title and description. Mayor Peoples stated that this would start the
position. Hembree stated yes.

Mayor Peoples entertained a motion to approve the job description. Mayor Pro Tem
Scott so moved. The motion carried unanimously.

                                  STRATEGIC PLAN

Manager Hembree stated that this item is a follow up from the discussions in the budget
work sessions concerning the strategic plan. He presented a proposed timetable,
questionnaire and a step-by-step guide. The planning will start with citizen participation,
through surveys. He is working on a press release to help get the word out to citizens.
The projected completion date is June 30, 2010.

                 CITIZEN REQUEST-D. EDWARD HUDGINS, JR.

Manager Hembree stated that Mr. & Mrs. Hudgins have petitioned that their property be
considered outside the Town limits. A small corner of their property is located inside the
Town limits, but the majority of their property including their house is located outside.
Based on the statute the board can change this. There would be no property tax refund,
since Mr. & Mrs. Hudgins purchased the property this year. Town Clerk Bell stated that
the tax maps show the house located inside, but the GIS mapping shows the house and
majority of property outside the Town limits. In checking with Polk County the GIS
mapping is correct.

Mayor Peoples entertained a motion to release as requested based on research done by
Clerk and Town Manager. Commissioner Miller so moved. The motion carried
unanimously.

                                  TOWN MANAGER

Manager Hembree stated that he hopes to give an update on the water and sewer rates in
October. He wants to work with each committee to develop charters so that they will
know their roles and responsibilities. Once input has been received from each committee
a proposal will be brought before the Board for approval. He has talked to a faculty
member at the Institute of Government and he has agreed to come to Tryon in October
and help train department heads and supervisors on performance measurement for an
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                                                                        Minutes August 18, 2009
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inexpensive cost. This will be beneficial to all. He is working on updating the
purchasing policy and water/sewer billing and collection policies. Zoning Administrator
Sand is riding around looking at the minimum housing code and enforcing the sign
ordinance.

Commissioner Durham asked if there is a problem with collections. Hembree stated that
we have several thousand dollars that are outstanding. The payment plans aren’t enough
to catch them up. He wants to work on some policies and guidelines for collections.
Once drafted, he will bring before the board for approval. Commissioner Durham asked
about the collection rate. Hembree stated about 85%. Durham stated that sometimes you
have to cut the water off. Hembree stated that he also wanted to include in the policy
manual the responsibilities for sewer backups. Commissioner Chapman asked to add an
inventory control system to the policy.

Commissioner Miller asked if the code enforcement is starting over or where Benchmark
left off. Ms. Sand stated both. She is riding around and looking at issues and going over
Erin’s files. Hembree stated that the burnt house is first priority. Miller asked if Polk
County Building Inspector can condemn. Hembree stated yes. The property owners are
in Massachusetts and are never here. He is going to get with Mr. Jones and see what
powers he has.

                            COUNCIL/MAYOR REPORT

Commissioner Miller had no comments.

Commissioner Durham stated that the walkways are not being cleaned very well after the
horse shows.

Commissioner Chapman stated that he plans to attend the September 8, 2009 planning
meeting at Isothermal Planning & Development Commission. He will forward the
agenda once he receives it.

Mayor Pro Tem Scott stated that three or four years ago the Town appropriated money to
help with kudzu eradication. Last year goats were used to help on the lot next to IGA.
The goats cleared the kudzu and seven tons of junk were hauled off. The Town is
restricted to working on Town property only.

Mayor Peoples stated that he visits downtown often and has heard no negativity.

                      CITIZEN COMMENTS & RESPONSES

Ren Leathers asked the board to close off a portion of Lockhart Road on September 11,
2009 for him to host a party of about 200 guests. Mayor Peoples asked if the party was
something for 9/11. Mr. Leathers no, it just happens to fall on a Friday evening. PWD
Burrell stated that the road couldn’t be completely closed because of emergency vehicles.
Peoples asked if he couldn’t move the party to Rogers Park. Durham suggested Harmon
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                                                                         Minutes August 18, 2009
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Field or Ziglar Field. Mr. Leathers had not considered the parks. The Board agreed that
this wouldn’t be a good idea. Mr. Leathers thanked the Board for their time.

George Baker complimented Mr. Armbrust for his work on the Nina Simone project. He
asked why they took away the turn around, what happens if Norfolk Southern comes
back and if the KKK or anyone else wanted to put up a statue, is the Town going to allow
them. Baker stated his concerns about Manager Hembree not visiting downtown. He
asked that the police pay closer attention to the speeders on Trade Street.

Tom Waldenfells complimented Mr. Armbrust on his dedication to the Nina Simone
project. He stated his concerns about traffic turning left to park on Trade Street. He
stated that we are never going to defeat the kudzu and suggested not throwing any more
money away. He asked about the sign ordinance if it was for private and commercial.
Hembree stated both. Waldenfells asked if the PEACE sign was in compliance. It needs
to be refreshed if it is or taken down. He asked if there were a limit on what the Town
would spend on the annexation litigation. C.A.F.A. is trying to keep their cost down and
asked what the Town is doing to keep cost down? Hembree stated that he had only had
contact with the attorneys on specific issues, purposely trying not to have much activity
at this time. George Baker stated that the PEACE sign is in compliance, but needs to be
fixed up.

Howard Greene stated that the only thing that will kill kudzu is hogs.

ADJOURN TO CLOSED SESSION PURSUANT TO N.C.G.S. 143-318.11(A)(3) &
                       143-318.11(A)(6)

Mayor Peoples entertained a motion to enter into closed session pursuant to N.C.G.S.
143-318.11(a)(3) to consult with an attorney and 143-318.11(a)(6) to discuss personnel.
Commissioner Miller so moved. The motion carried unanimously.

                         RECONVENE REGULAR SESSION

A motion was made and passed unanimously to reconvene to regular session. The Mayor
checked outside and determined that no one was present. Mr. Miller then made a motion
to approve the employment agreement as presented for Justin Hembree as Town Manager
except that the provision for payment of civic organization dues would be stricken and
the changes recommended by the Town Attorney would be included. The motion passed
unanimously. Mr. Durham made a motion to adjourn in honor of Dot McCall and
Clarence Benson. The motion passed unanimously.

                                                     _____________________
                                                     J. Alan Peoples, Mayor

Attest:
______________________
Susan B. Bell, Town Clerk

								
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