Steep-slope rules pass

By Frank Ruggiero

ruggiero@wataugademocrat.com

The Boone Town Council took action and adopted its revised recommendations for steep-slope development and view-shed protection.

The decision for approval was made through a procession of procedural votes at a special council meeting Monday, Oct. 2.

The council voted 4-1 for approval on each vote, with council member Dempsey Wilcox casting each opposing vote.

Upon arriving, the council was met with a crowd exceeding the 99-person capacity of the town council chambers, all awaiting a decision on an issue 18 months in the making.

Revised by council member Lynne Mason at the Sept. 14 public hearing, the regulations were adopted on a case-by-case basis, with the first imposing rules for development on very steep (more than 50 percent) and steep (between 30 and 50 percent) slopes, also taking geologic hazards into account.

The second item imposes further text amendments to the Unified Development Ordinance by way of recommendations from Trigon Engineering, which were designed to strengthen current regulations on grading, erosion control and storm water management.

The third item establishes a view-shed protection overlay district through a map, which depicts land areas more than 100 feet above major traffic corridors (U.S. 221, 321, 421 and N.C. 105, 105 Ext., 105 Bypass, 194), imposing development and density regulations for such areas.

Mayor Loretta Clawson stressed the special meeting was not a public hearing, and warned attendees that if people made out-of-order comments, they would be asked to leave the chambers.

“I hope this doesn’t happen. But, if need be, you will be escorted out,” she said.

Each council member seemed to have already reached a decision on the regulations, which were amended by council member Lynne Mason at the Sept. 14 public hearing.

Opinions vary

Before voting on the proposals, Clawson turned the floor over to council members to share their thoughts on the matter. Council member Rennie Brantz said he was concerned about the quality of life in Boone, which includes protecting and preserving neighborhoods, protecting the citizenry and preserving the area’s scenic beauty.

“I think this takes careful planning, I think it takes public engagement, and we’ve had that,” Brantz said. “And it takes the maintenance of ethical standards ... an appreciation of where we are and what we’ve created is important to the quality of life in Boone.”

Council member Lynne Mason said the council has witnessed “democracy in action” over the last several months. Since she did not serve on the task force, Mason said she’d spent hours studying material and researching steep-slope development to make an informed decision.

Mason said Watauga County defines steep slope as 30 percent, “which is really still a fairly significant slope.” She admitted she was saddened by tactics used by opponents of the regulations and said the regulations must be about balance and the common good of the community.

“At this point, it would be irresponsible for us to do nothing,” she said.

Council member Janet Pepin said she was concerned about misinformation surrounding the issue. “I’m also concerned we’re not looking at the future; we’re looking at the past,” she said, adding the legislation represents the town’s future. “We have listened. When people say we haven’t listened, that bothers me a great deal.”

Pepin said she’d prefer the original recommendations, which were considerably more restrictive. “It’s not as strong as it used to be, but, at the same time, it represents a compromise,” she said.

Council member Bunk Spann considered two pieces of “sage advice” before making his decision. When he was running for office, Spann explained, he approached then-Mayor Velma Burnley and asked her for advice, should he be elected.

“Without hesitation, she said two things,” Spann said. “‘Do what you think is right and avoid being the spokesperson for any special interest group.’ And then she said, ‘Remember, you are elected to serve all of the people, not just a few.’

“I believe this is good, sound advice ... applying Mayor Burnley’s advice is what I’ll do when I cast my vote tonight.”

Referring to what he called the “Mason Compromise,” Spann said Mason’s revisions to the regulations produced “a fair and balanced proposal that could and should be supported” by town citizens.

Wilcox said the compromise regulations “still are not good for the town of Boone,” in that they place an undue burden on single-family homeowners. He referred to e-mails he’d received, which said people that don’t support the regulations support big developers and landowners. Wilcox said there were only four or five major developers in Boone, meaning the remaining hundreds who attended the public hearing were likely single-family homeowners.

He said the regulations were also an attack on the local economy, in that they would adversely affect business for builders and other associated vocations. The regulations would also negatively affect ecology, he said, by forcing people who cannot afford to live in town to commute.

“We’re setting up a template where we’re pushing all the development out of our town, pushing it into automobiles driving in and out of town for jobs,” he said. “We’re pushing it into those truly sensitive areas of the county. We’re using the template, basically, like a gated community.”

Wilcox said he would support a motion to approve Trigon’s recommendations, but for slopes of 30 percent. He later made such a motion, but it failed as there was no second.

As the votes progressed, Wilcox urged the council to do otherwise, saying the public had spoken and that the compromise was anything but.

“The people of the community, when it got serious, when the time came for the true input, the answer was ‘No,’” he said. “I’ve never seen the town ignore the sentiments of its residents and property owners like we’re doing tonight.”

His comments received cheers and applause, and Clawson requested order in the room.

Pepin acknowledged Wilcox’s comments, but said she’d heard from many people that were simply afraid to publicly speak in favor of the regulations, due to all the opposition and apparent animosity.

Mason agreed, saying she’d received “overwhelming support” for the recommendations through correspondence, telephone calls and discussions.

The adopted regulations hold an effective date of Oct. 12, and their adoption garnered some applause from the audience. The applause did not come from Jeff Templeton and Rob Holton, co-chairmen of the Committee for Responsible Environmental Regulation, an ad-hoc organization of residents and landowners that oppose the regulations.

“We don’t think they acted in the best interest of the citizens, and they acted contrary to what the citizens asked them to do,” Templeton said, referring to valid protest petitions filed against two of the cases and representing more than 1,265 parcels of land. “They (the regulations) are too far-reaching. We’re basically killing a gnat with a Howitzer.”

During the public hearings and input sessions, the notion of lawsuits against the town was mentioned several times. Whether or not such suits could develop is uncertain.

“We have not considered that at this point in time, but I’m sure all options will be looked at, as far as what the different possibilities are,” Holton said.

To view the regulations, visit http://www.townofboone.net/notices/notices.html on the Web.