Minutes Spruce Pine Town Council Monday, January 22, 2024  A meeting oft the Town Council was held on January 22, 2024. Present were Mayor Phillip Hise and Council Members Rocky Buchanan, Wayne Peight, Larry McKinney, and. Jackie Rensink. Staffi in attendance included Darlene Butler and Spencer Bost. Others attended, including Town Attorney Chad Donnahoo, Marsha Whitson and Amanda Hollifield. Mayor Phillip Hise called the regular meeting to order at 5:301 PM. Jackie Rensink gave thei invocation. Wayne Peight led Larry McKinney moved to approve the agenda as presented. Jackie Rensink seconded the motion, which carried  CALLTOORDER the Pledge of Allegiance. APROVALOFAGENDA unanimously. APROVALOFMINUTES  Rocky Buchanan moved to approve the minutes of the regular meeting of January 08, 2024. Wayne Peight seconded the motion, which carried unanimously. Larry McKinney moved to approve the minutes oft the closed: session of. January 08, Amanda Hollifield, representing Penland School of Crafts, invited the Council to a Community Leaders Social on February 24th. The Community Day begins at 1:001 PM, with the meet and greet for public officials at 4:001 PM. All: studios will be Marsha Whitson, who lives on Mountain View Drive, expressed concern about property across the road from her that shel has heard will be developed into an RV park. She listed concerns regarding zoning, number of sites, seasons of operation, fire and flood exposure, water and sewer services, county and state laws, management, noise, and lighting, etc. She noted that the property already has one RV, inj place since summer of2023. She reiterated that the surrounding property is residential like  2024. Rocky Buchanan seconded the motion, which carried with all present in favor.  PUBLICCOMMENT open.  her property. ACTION AGENDA  Larry McKinney moved to adopt the Ordinance to. Authorize the Town Manager to Demolish the Dwelling at 116 South Dale Street and File al Lien. Rocky Buchanan seconded the motion, which carried unanimously. Said Rocky Buchanan moved to adopt an Ordinance to. Authorize the" Town Manager tol Execute and Recorda Substitution of Trustee and Release Deed for Loans. Larry McKinney seconded thet motion, which unanimously. Said ordinance isi incorporated by reference and attached to these minutes. This ordinance pertains to recording Larry McKinney moved to appoint Darla Harding to the Spruce Pine Public Library Board. Jackie Rensink  ordinance ini incorporated by reference and attached to these minutes. satisfactions fort those revolving loans that have been paid in full. seconded the motion, which carried unanimously.  TOWNMANAGER  Town Manager Darlene Butler advised the Council that thel EDA disaster grant application for additional funding for the extension of ai new water line out Highway 226 South was not: successful duet to depletion of funds. Consensus ofthe Council was to have the Town Attorney craft a resolution committing funds from the direct appropriation from the State ofl North Carolina so that the project can continue. Engineering plans for the project are complete. Darlene informed the Council that the Spruce Pine Main Street Design and Beautification (D&B) Committee will serve as the Streetscape planning team. A virtual meeting with the engineering firm for thes streetscape plan willl be Thei request for RFQs for the Stormwater Planning Project willl be readvertised: since only one proposal was Darlene distributed and summarized a letter fromi thel Mitchell County Building Inspector to the property owner (copiedt tot the Town) regarding the proposed use of property along Roan Road for an RVI Park. Summarily, the letter finds the current zoning oft the property tol be incompatible with the proposed use. Said letter isi incorporated  on Friday oft this week. received.  by reference and attached to these minutes.    Darlene requested that the Town Council consider possible candidates to fill two positions on the Zoning Board of Darlene advised Council that a staffr member from the Parks and) Recreation Trust Fund inspected progress at Brad Ragan Park last week and was impressed with the progress made toward fulfilling the grant tasks. Consensus of the Council was to have Darlene check with Public Works regarding the possibility ofrunning the water line to thel Mitchell Giving Gardens location and setting ar meter. The Giving Gardens would be responsible Council discussed thel Nutter request for the" Town to take over aj proposed water line on Kate's Lane. Mayor Hise noted that a: 2-inch line would: not have al lot offuture use. Council will consider, with action scheduled on a future Council member Rocky Buchanan commented tol Main Street Director Spencer Bost that he appreciated the efforts  Adjustment.  MAYOR/COUNCIL REQUESIS/COMMENTS  fora a monthly bill. agenda.  toc combine volunteer efforts for holiday lighting downtown. Wayne Peight agreed. With no further business, Larry McKinney moved adjourn thei meetinga at 6:071 PM.  ADJOURNMENT  QJonlen tfan Darlene Butler, Acting Town Clerk  Buchang CouncilM Member Wayne peigat, ÇowicilMember Aiiline ackie Rensink, Council Mehber  a  - Slosik    Mail after Recording to: Spruce Pine' Town Hall, c/o Darlenel Butler, P.O.) Box 189, Spruce Pine, NC: 28777. This Instrument prepared by: Chad! Ray Donnahoo, Elston, Donnahoo & Williams, 80 Central Ave., Asheville, NC28801. Pursuant to N.C.G.S. $160D-12035.and Spruce Pine Town Code 81 10-17.this Ordinance shall be recorded in the Mitchell County Office of the Register of] Deeds and shall be indexed in the name of Edward ORDINANCE TO. AUTHORIZE THE TOWN MANAGER TO DEMOLISH THE DWELLING AT 116 SOUTH DALE STREET AND FILE. A LIEN NOW COMES the Council for the Town of Spruce Pine ("Town"), at a duly called meeting with a quorum established, and hereby adopts this Ordinance to Authorize the Town  Lee Goodwin, Jr. in the grantor index.  Manager to. Demolish the Dwelling at 116 South. Dale Street and File a Lien.  WHEREAS, Edward Lee Goodwin, Jr. ("Owner") is the record owner oft the real property located at 116 South Dale St., Spruce Pine, NC: 28777 and further described in the deed recorded  in Book 576 Page 216 oft the Mitchell County Registry (the Property");  WHEREAS, the residential structure (the "Dwelling") located on the Property was partially destroyed by a fire on 5 January 2020, with the cost of repairs to make the Dwelling habitable being well over fifly percent (50%) of the value of the Dwelling; and  WHEREAS, pursuant to the 8. January 2024. Judgment entered: in The Town ofSpruce Pine V. Edward. Lee Goodwin, Jr.,23 CVS 168 (Mitchell County Superior Court), Owner is in violation ofthe 10 April 2023 order issued by thel Mitchell County Department ofPublic Instruction and the Town is authorized to demolish the Dwelling on the Property and the cost of the demolition be assessed as a lien against the Property and collected as a lien for special assessments as provided in Article 10 of Chapter 160A ofthe North Carolina General Statutes. A copy oft the. Judgment is  attached hereto as. Exhibit A.  NOW,THEREFORE, BE IT RESOLVED BYTHE TOWN the following:    1. That the Town Manager shall deliver a copy of this Ordinance to the Mitchell County Office of Register of] Deeds (the "Registry") and said Ordinance shall be recorded in the  Registry ini the name of Owner in the grantor index.  2. That the' Town Manager shall immediately cause to bej posted on the main entrance of the Dwelling a placard with the following words: "This building is unfit for human habitation; the use of occupation of this building for human habitation is prohibited and unlawful."  3. That after the time for Owner to file an appeal oft the 8. January 2024 Judgment has expired, the Town Manager is authorized to solicit bids and enter into a written contract with a contractor to demolition the Dwelling. The contractor shall be required to safeguard anything that  iss salvageable from the Dwelling prior to demolition.  4.  That after the demolition is completed, the Town Manager shall file as a lien  against the Property the cost of demolition and said lien shall be collected as a special assessment as provided in Article 10 ofChapter 160A oft the North Carolina General Statutes. To the extent that the contractor was able to salvage anything from the Dwelling, the Town Manager is authorized to sell such materials or items and shall credit the proceeds of the sale against the cost oft the demolition. Ifthere is any balance remaining from the sold materials or items once the lien isp paid in full, the Town Manager shall cause the remaining balance to be deposited in the superior court and be disbursed by the court to Owner or any other entitled party by final order or decree  of the court.  READ AND APPROVED this 22nd day ofJ January 2024.  TOWN OF SPRUCE PINE gy  Mayor  Attest: Al.stlu Darlene Butler Town Manager  2    Exhibit A, Page 1  STATE OF NORTH CAROLINA COUNTY OF MITCHELL THE TOWN OF SPRUCE PINE  IN THE GENERALCOURT OF. JUSTICE SUPERIOR COURT DIVISION  FSYSED JAN-8 AI:08- 2024 MICHESEMENE 6O..G.SG.  Plaintiff,  V.  BY.  EDWARD LEE GOODWIN,JR,  Defendant.  THIS. CAUSE WAS HEARD.by the undersigned judge on Plaintiff's Motion for Summary Judgment pursuant to Rule 56 oft the North Carolina Rules of Civil Procedure as to all claims against Defendant. It appears to the Court that after reviewing the matters of record and hearing arguments from counsel that there is no genuine issue as to any material fact and that  Plaintiffis entitled toj judgment as a matter of law as toi its claims.  ITISTHEREFORE MMOMABNDCOPAONCED summaryjudgment is granted in favor of Plaintiff as to all claims against Defendant and Plaintiff is entitled to the  following relief:  1. That pursuant to the April 10, 2023 Order issued by Mitchell County Department of Inspections Director Tommy Winchester, in compliance with Plaintiff's Minimum Housing Code and Chapter 160D, Article 12 of the North Carolina. General Statutes, Plaintiff, pursuant to a duly authorized ordinance to be enacted by the' Town Council (the "Ordinance"), the' Townis! hereby authorized to demolish the Dwelling located at 116 South Dale St., Spruce Pine, NC2 28777 (Book 5761 Page  216 oft the Mitchell County Registry) (the "Property");  2. That, pursuant to N.C.G.S. $ 160D-1203(5) and Plaintiff's Minimum Housing Code S 10-17, the Ordinance shall be recorded in1 the Mitchell County Office ofthe Register of Deeds and shall be indexed in the name of Defendant in the grantor 3. That, pursuant to Plaintiff's Minimum Housing Code S 10-18 and N.C.G.S. S 160D-1203(7), the amount of the cost of demolition by Plaintiff shall be a lien against the Property, which lien shall be filed, have the same priority, and be collected as a lien for special assessment provided in Article 10 of Chapter 160A ofthel North Carolina General Statutes. To the extent anything from the Dwelling is salvageable, Plaintiff shall sell the materials oft the Dwelling, and any personal property, fixtures, or appurtenances found in or attached to the Dwelling, and shall credit the proceeds of the sale against the cost of the demolition, and any balance  index; and    Exhibit A, Page 2  rémaining shall be deposited in the superior court by the public officer, shall be secured in ai manner directed by the Court, and shall be disbursed by the court to thej persons: found to be entitled thereto by final order or decree oft the Court.  BEITSO ORDERED this gth day of January 2024.  PresidingSuperior Courthudge  2    Exhibit A, Page 3  CERTIFICATE OF SERVICE  This is to certify that the undersigned has this date served thei foregoing int the above-entitled action upon all parties to this cause by depositing a copy hereofi in aj postpaid wrapper in aj post office or official depository under the exclusive care and custody of the United States Postal Service,  properly addressed to the attorney(s) ofi record or defendant(s) as listed:  Edward Lee Goodwin, Jr. 20 Snowball Dr. Marshall, NC 28753 THIS 9th day of January 2024.  RDL  Chad Ray Donnahoo  C    ORDINANCE TO AUTHORIZE THE TOWN MANAGER TOI EXECUTE AND RECORD A SUBSTITUTION OF TRUSTEE AND RELEASE DEED FORLOANS NOW COMES the Town Council for the Town of Spruce Pine ("Town"), at a duly called meeting with a quorum established, and hereby adopts this Ordinance to Authorize the Town Manager to Execute and Record a Substitution ofTrustee and. Release Deedj for Loans.  WITNESSETH:  WHEREAS, pursuant to the Town's economic development revolving loan program, the Townp provided loans ini thei form ofal Promissory Note secured by al Deed ofTrust to the following  individuals/entities ("Obligors"):  i.  Don Waldroup and wife Doris Waldroup (Promissory Note in the amount of$15,000, Deed ofTrust recorded in Book 209 Page 284 oft the Mitchell Dellinger Wholesale Nursey, Inc. (Promissory Note in the amount of $3,500, Deed of Trust recorded in Book 212 Page 507 of the Mitchell  County Registry);  ii.  County Registry);  iii. Sam and wife Barbara McKinney (Promissory Note in the amount of $15,000, Deed of Trust recorded in Book 312 Page 481 of the Mitchell  County Registry);  iv. Dellinger Wholesale Nursey, Inc. (Promissory Note in the amount of $5,000, Deed of Trust recorded in Book 309 Page 631 of the Mitchell Sam and wife Barbara McKinney (Promissory Note in the amount of $15,000, Deed of Trust recorded in Book 213 Page 704 of the Mitchell  County Registry);  V.  County Registry);  vi. Phillip Frye and wife. June Frye (Promissory Note in the amount of$15,000, Deed ofTrust Book 323 Page 180 ofthe Mitchell County Registry); vii. Michael L. Robinson and wifel Mary Robinson, Dennis E. Robinson, single, and Young, Miller & Associates, P.A. (Promissory Note in the amount of $15,000, Deed of Trust Book 331 Page 718 of the Mitchell County  Registry);  viii. Leland Riddle, single (Promissory Note in the amount of $15,000, Deed of Trust Book 344 Page 440 oft the Mitchell County Registry);  -    ix. David E. Wylie and wifel Pamela K. Wylie (Promissory Note ini the amount of $15,000, Deed of Trust Book 355 Page 146 of the Mitchell County Kenneth Pat Pitman and wife Vernoica Pitman and Daniel A. Pitman (Promissory Note in the amount of$15,000, Deed ofTrust 356 Page 512of  Registry);  X.  the Mitchell County Registry); and  xi. NeilL. Brown and wife Marie Brown (Promissory Note in the amount of $15,000, Deed of Trust Book 418 Page 323 of the Mitchell County  Registry).  WHEREAS, as ofthis date, all eleven (11)Promissory Notes identified herein have been paid in full with applicable interest and Obligors are no longer indebted to the Town pursuant to  the said Promissory Notes; and  WHEREAS, the Town desires to authorize the Town Manager to execute and record a Substitution ofTrustee for each identified Deed ofTrust and execute and record a Release as full satisfaction and accord of Obligors' debts to the Town pursuant to the Promissory Notes.  NOW, THEREFORE, BE IT RESOLVED BY THE TOWN that the Town Manager is hereby authorized to execute and record a Substitution of Trustee and Release for all Deeds of  Trust stated herein.  READ AND APPROVED this 22nd day of January 2024.  TOWN OF SPRUCE. PINE shy hl Phillip Hise Mayor  Attesti Donleno Buctla Darlene Butler Town Manager  2    Mitchell County  Department of Inspections, Zoning, Addressing & Road Sign Maintenance  January 19,2 2024  SENT VIA CERTIFIED AND ELECTRONIC MAIL  Real Solutions Now, LLC clo. John Edward Keen 186 Oak Ave. Spruce Pine, NC28777 Email: Oledwardkenco.con  RE: Zoning Determination Letter for Intended Use  Parcel No.: 0880-16-84-3033 (Mitchell County Registry Book 657 Page 601)  Dear Mr. Keen:  At the September 11, 2023 Spruce Pine Town Council meeting, during a public appointment with the Council, you expressed an interest to develop Parcel No.: 0880-16-84-3033 (Mitchell County Registry Book 657 Page 601) (the "Property") into the Rockin' on the River Campground (the "Campground"). You provided the Council with a preliminary site plan and brief explanation of your intended purpose. While Council members were generally receptive to thei idea, the Council did notl have anyinformation beforeitr regarding: zoningi implications for your intended future use of the Property. You requested the Council provide a' "letter of support" for the Campground. As ofthis date, the Council has not provided anyl letter indicating its support or  approval of the Campground.  On September 18, 2023, Shelley Buchanan sent you an email asking several more specific questions regarding your intended use for the Property. On September 20, 2023, you responded that the Campground would be "an up-scale campground for Fifth Wheelers and Trail-Along Campers only." You also stated that there would be no tent camping or permanent mobile homes, that no camping units would be fixed to thej propertypermanently and the sites would be seasonal. Pursuant to Article III, $31 oft the Town's Zoning Ordinance ("Ordinance"); the Mitchell County Builder Inspectori is the' Town'sdesignated Zoning Enforcement Officer. Havingreviewed the appliable zoning for the Property and your stated intended use, per this correspondence, itis my determination based on my interpretation of the Ordinance that your intended use for the Propertyisa al Nonconforming Use for al R-1 Low-Density Residential District ("R-1 District"). The Property is zoned in thel R-11 District. Pursuant to Article X, $8 101.2 and 101.3 ofthe  Ordinance, the permitted uses in an R-1 District are:  130 Forest Service Drive, Suite B Bakersville, NC 28705  828-688-4771 (phone) 828-688-3668 (fax)    1. Family dwellings. (See Table 1.) Farms and related agricultural uses, convents and dormitories accessory thereto. noncommercial greenhouses and workshops.  2. 4. 6. 7.  3. Camps, parks, picnic areas, golf courses and similar recreational uses. Churches or similar places ofworship, including parish houses, parsonages, Customary accessory buildings, including private garages and Clsiomayimaidemualhome occupationsi including the professional officeof a physician, dentist, lawyer, artist, musician, architect, engineer, city planner or the accommodation ofi not more than two boarders or roomers; provided, there is no external evidence of such occupation except an announcement or professional sign not more than two square feet in area and that the operations are conducted within a dwelling by not more than  5. Public and private schools.  one person in addition to those persons resident therein. Basement or garage apartment - one per lot.  8.  A single-wide: mobile home is permitted as a special use under certain criteria.  Among other uses, the R-1 District allows for "camps." That term is not defined in the Ordinance. The term "camp" is defined several ways in the dictionary with the first definition being "aj place usually away from urban areas where tents or simple buildings (such as cabins) are erected for shelter or for temporary residence (as for laborers, prisoners, or vacationers)." Merriam-Webster Online Edition. The term "camp" can also mean "a group of tents, cabins, or huts." Id. The term is also defined as "a place usually in the country for recreation or instruction  often during the summer." Id.  While R-1 District allows for "camps," your stated intended use, supported by the preliminary site plan you provided the Council, is to create a recreational vehicle park consisting of over a dozen temporary sites for recreational vehicles to park for extended periods of time. North Carolina defines a Fifth-wheel trailer as being a recreational vehicle. N.C.G.S. $ 20- 4.01(32b)(b). The Ordinance does not define "recreational vehicle" or "Fifth-wheel trailer." However, ini reviewing the Ordinance dealing with the' T-1 Trailer and' Trailer Park District ("T-1 District"), the Ordinance does use thei term' "trailer coach" and specifitrallyregulates that use: int the T-1 District. The term "trailer coach"isnot defined: int the Ordinance buti ini reviewing the common term when searching on the Internet, the term "trailer coach" is synonymous with travel trailers,  truck campers, fifth wheels, and motor homes.  Based on my review of the Ordinance in its entirety, it is my interpretation and decision that a: recreational vehicle park with sites for more than one "trailer coach" is a Nonconforming Use for an R-1 District. Pursuant to Article V, $ 54 of the Ordinance, you may appeal my determination to the Spruce Pine Board of Zoning Adjustment within twenty (20) days from the date ofr my decision by filing your written appeal with my office and the' Town Manager. With respect tol having a single "trailer coach" on the Property, there are some permitting issues outside of the' Town's Ordinance that initially need tol be addressed. A recreational vehicle (R.V., camper, tag-along, trailer coach), has to havei its own electrical service, known as a camper service, mounted on a pedestal with a single 50 amp, single 30 amp, and minimum ofone 20 amp receptacle, all required tol be GFCI receptacles per the 2020 NEC code book ofwhich the State of  130 Forest Service Drive, Suite B Bakersville, NC 28705  828-688-4771 (phone) 828-688-3668 (fax)    North Carolina has adopted. In order tol have your stand alone "camper service", an adequate septic system is required to be in place, inspected and approved by the Mitchell County Department of  Health.  Ast to zoning implications for a single "trailer coach" in al R-1 District, Ihave some follow- up questions to determine whether this use is a permitted use. Is the "trailer coach," permanently affixed to the Property? Do you intend to permanently reside in the "trailer coach" or is it for  temporary use?  Should you have any questions, please don't hesitate to contact me.  -Gk  Dillon Phillips  Mitchell County Builder Inspector  Cc: Darlene Butler, Town Manager (via email) Chad Ray Donnahoo, Town Attorney (via email)  130 Forest Service Drive, Suite B Bakersville, NC 28705  828-688-4771 (phone) 828-688-3668 (fax)