Boone Town Council faces lengthy plan amendments
By Frank Ruggiero

Among the considerably few council matters on its regular meeting agenda last Thursday, the Boone Town Council addressed priorities for the Boone Development Services Department.

John Spear, director of development services, said his department had three “very pressing issues,” the first being the 2005 comprehensive plan update.

Spear said the Boone Area Planning Commission has worked hard on the document, gathering input from the Boone Community Appearance Commission, Boone Fire Department, Boone Police Department and Boone Public Utilities.

He said the updated document will require a public hearing before adoption, though the planning commission would prefer to circulate it among the public before holding a hearing. Spear said the commission suggested placing copies in public buildings and uploading it onto the town’s Web site.

Next in line is the Steep Slope and Multi-Family Task Force, which has a deadline of Dec. 15 to present recommendations to council.

Third in line, Spear reminded council the moratorium on multi-family development of 24 units or more is set to expire in February 2006, and asked for council to set priorities to give the planning department some direction.

Council member Lynne Mason, drawing from an action request form from Spear, asked about impending “rather lengthy amendments” to the Unified Development Ordinance.

In his request form, Spear said the amendments will be made “in response to the most extensive update of [North Carolina] planning statutes since their adoption in 1923.” He told Mason a public hearing for the amendments would occur in November.

Mason asked if it was possible to combine the public hearing for steep slope and multi-family task force with the comprehensive plan hearing.

“My concern is as we get to the holiday season, we may not get good public turnout,” she said, admitting such a public hearing would be rather long but would yield a better public turnout.

“The task force, unfortunately, still has a good ways to go,” said council member Dempsey Wilcox, who also serves on the steep slope and multi-family task force.

He said a November public hearing on the matter would be premature, and suggested that Spear go ahead and post the comprehensive plan on the Web site, as the document would need a reasonable amount of public comment before going to hearing.

Spear suggested looking at the regular planning commission meeting in January to use as a public comment session.

“Then we’d have a public hearing in February anyway,” Mason said, also asking Wilcox if the task force would have a report ready by then.

Though the task force continues to meet frequently, Wilcox said it still has much work left to be accomplished. Mason asked if the same procedure for the comprehensive plan could be used, gathering public comment before the public hearing.

Wilcox said it could be considered, but that there’s no way the task force would be ready by November. Mason asked if the task force’s findings could be presented at the January planning commission meeting.

“To have more than one major thing at that meeting might be a little too much,” Wilcox said.

Spear said the thought was to have two public comment periods on the task force’s findings, one on steep slope development and another on multi-family development, and have that information available for the public to examine and provide comment on before it goes to council.

Mason wondered aloud whether or not the task force’s findings would have any bearing on the comprehensive plan, and Spear said it could influence some of the document’s implementation actions.

Mayor Velma Burnley noted it sounds like it’ll be the first of the year before anyone can present anything. Wilcox said it seems like the only possible immediate action is to place the comprehensive plan update on the Web.

Mason reminded council they could extend the moratorium if need be, and Wilcox said, “We might have to.”

Mason said council could present that in the February public hearing, as well.

In summing up council’s recommendations, Spear asked if council wished for development services to move forward and circulate the comprehensive plan update to the public, but not to take action on the plan until the first of the new year.

Regarding the task force, he asked if council felt recommendations should be ready by December, with the possibilitythat they may spill over into the new year. The town council agreed.

Cable franchise fees

The Boone Town Council also adopted an ordinance to raise cable television fees, specifically the franchise fee, from 3 to 5 percent. Town manager Greg Young told how this past year, the N.C. General Assembly adopted a law to assess tax on satellite and cable television providers in North Carolina.

The law, Young continued, provides for credit against the amount cable providers would pay in local franchise fees.

 According to the N.C. General Statute, “A cable service provider is allowed a credit against the tax imposed ... for the amount of local franchise tax payable ... on its gross receipts for that service.”

Young said the Boone Cable Advisory Board examined the issue, and that a consultant recommended the council consider increasing franchise fees from 3 to 5 percent, provided Charter Communications is given prior notice.

This way, “we can capture some of those revenues locally,” Young said.

Town council member Graydon Eggers wished to clarify that the increase in franchise fee will not affect consumers.

“This act is not going to raise taxes on the consumer,” Wilcox echoed. Mason said the increase simply allows the town to get more money from the cable company.

Mayor pro tem Loretta Clawson considered this particularly beneficial, as she said cable rates are already going to increase again soon.

Council unanimously adopted the ordinance.

* Frank Ruggiero may be contacted at ruggiero@wataugademocrat.com.