Boone Town Council: Water ordinance changed; Mayor Velma Burnley to chair final meeting Thursday night

By Frank Ruggiero

A special meeting of the Boone Town Council and Water Study Committee resulted in new text for the town’s water ordinance.

Concern over the current text arose when developer Ralph Leonard appeared before council last month to request the transfer of his 2005 water allocation to the 2006 allotment.

Leonard told council that the one-year time period for his allocation for a nine-lot subdivision is set to expire Jan. 1, 2006. The problem, he explained, is that the project is not proceeding as planned, and that while his subdivision plat was approved, no development permits were issued for the project.

Furthermore, Leonard agreed to pay availability fees in the amount of $27,000. Under the current ordinance, building permits must be acquired within a year of receiving a water allocation, meaning that Leonard could have lost his allocation and the non-refundable fee. His request was tabled until council’s December regular meeting.

At the water committee meeting, Rick Miller, director of Boone Public Utilities, said he didn’t think subdivisions were considered when the ordinance was being drafted.

“If they don’t have a building permit in place for those structures by Jan. 1, 2006, they’ll expire,” he said.

Committee member Rob Holton suggested having single-family homes apply for water allocations one at a time, rather than an entire subdivision.

“The problem is people don’t build immediately,” he said.

Council member Graydon Eggers, who is also involved in the development of a subdivision, said that in 15 years, almost all the lots have been sold, but many homes have not been built.

Council member Dempsey Wilcox called this a fairness issue, and Holton agreed, saying, “The problem in the ordinance is we made this ordinance and didn’t apply it to all the properties the same.”

Council member Bunk Spann asked Miller what precipitated the current regulation, regarding the acquisition of building permits within a year. Miller said the provision was written to give developers time to start development and let the town know that the project is going through. However, Miller said he was of the opinion that the provision was meant mainly for commercial projects to ensure their completion.

Eggers said that if one is developing a single-family subdivision, has had the plans approved and has installed the infrastructure with all taps there and ready, that one should be guaranteed water.

He said a lot of the times the availability fee is paid by the end user, and that forcing the developer to pay the fee and lose it is not fair.

“They made the commitment if they put the water and sewer, and road and infrastructure in place,” he said. “If they file a plan and don’t commence work, then they’re not making that progress.”

Wilcox suggested exempting subdivisions from the rules and having each individual house apply, saying, “We’re not talking about [commercial developments], we’re talking about single-family homes.”

Back to Leonard’s predicament, Leonard told the committee he wanted to be able to assure every potential buyer that water will be available.

Wilcox interpreted the text to say that Leonard had already met the requirements, since his subdivision is classified as minor and only required plat approval, which he achieved.

Spann asked John Spear, director of Boone Development Services, if Leonard had met all requirements. Spear said that Leonard had received plat approval, so yes. Major subdivisions, on the other hand, require developmental approvals, such as special use permits and zoning and grading compliance.

“Minor subdivisions don’t involve the extension of water and sewer utilities or the creation of any new public streets, and they can only be up to 10 lots,” Spear explained after the meeting. “Anything greater than that, as far as the number of lots are concerned and with the creation of new infrastructure, are major subdivisions.”

Town attorney Sam Furgiuele said the ordinance language should be amended to clarify this. Mason suggested that the language be modified to be examined and possibly approved by council at the Dec. 15 meeting.

“The language that we’re looking to modify would make it clear that minor subdivisions include the recording of a plat, while major subdivisions include special use permits and any zoning and grading compliance necessary for infrastructure improvements,” Spear said.

Mayor Burnley will chair final meeting

As tradition dictates, the agenda of a Boone Town Council meeting featuring the swearing-in of a new mayor and council members is typically short in nature.

The ceremony to precede actual town council matters will recognize public servants and their years of dedication, namely Boone Mayor Velma Burnley, who has served in public office for 18 total years with 16 of those as mayor.

Burnley will call her last Boone Town Council meeting to order on Thursday, Dec. 15. A swearing-in ceremony conducted by Chief District Court Judge Alexander Lyerly will see mayor pro tem Loretta Clawson take the gavel, and council members-elect Rennie Brantz and Janet Pepin take their seats on council.

Brantz and Pepin replace Clawson and outgoing council member Graydon Eggers. Following the seating of the new mayor and council, there will be time for unscheduled appearances. The new mayor and council will then present service awards to Burnley and Eggers, before proceeding with the regular council meeting.

In council matters, a new mayor pro tem will be elected and council members will be given new liaison assignments.

Other council matters include the adoption of a resolution for the fixing date of a public hearing for the Shoemake annexation, the selection of a new chairman for the Boone Board of Adjustment, the presentation of cost estimates for sidewalk and lighting for the Howard Street project, the adoption of a right-of-way easement, the adoption of an amendment to the water ordinance, and the monthly water use status report.

The meeting will be held Thursday, Dec. 15, at 6:30 p.m. in Council Chambers at 1500 Blowing Rock Rd. For more information, call Boone Town Hall at 262-4530.

• Frank Ruggiero may be contacted

at ruggiero@wataugademocrat.com.