Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

October 24, 2006

MINUTES

 

Members Present:         Mayor Roger McElroy Aldermen:         Colin Edwards

                                                                                                            Phil Aldridge

Staff Present:                Manager Tim Barth, Attorney Chuck Dickson, Deputy Town Clerk                               Shayne Wheeler, Planning Director Nathan Clark, and Public                                        Works Director Mike Mehaffey

 

Others Present: Dan Massey, Beth Pleming, Scott Pauley, Carol Burrell and                                          Selena Keller

 

 

Meeting Called to Order

Mayor McElroy called the meeting to order at 6:35 p.m. in the Town Hall Boardroom.

 

 

Consent Agenda

a. Certificate of Sufficiency:  Michael LaBarbera of La Bella

Vita Properties, LLC, 399 Caldwell Drive, Parcel #7676-85-

8373 (1.016 acres), and Michael LaBarbera, Mary

LaBarbera, and Frank & Kathy Lauria, Caldwell Drive, 7676-

95-0462, (3.432 acres): Resolution No. 06-68 setting a date

for a Public Hearing on November 28, 2006 at 6:30 p.m.

b. Petition for Annexation:  John & Kelly Beaulieu,

172 Brannon Forest Drive, Parcel #7697-85-6721,

(0.445 acres): Resolution No. 06-69,

Directing Clerk to investigate an annexation petition.

c. Petition for Annexation:  PRJ Land Holdings, LLC/Ronald

Wilson, Lot 328 Stable Lane, Parcel #7697-12-3630,

(0.6192 acres): Resolution No. 06-71,

Directing Clerk to investigate an annexation petition.

d. Tax Releases.

e. Correction and Approval of Minutes for October 3, 2006.

 

ALDERMAN EDWARDS MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.

MOTION CARRIED UNANIMOUSLY.

 

 

 

Appearance of Peter Smith and Dick Milano Regarding a Proposal on the use of the Festival Grounds

Earlier today, Mr. Smith left a message that he and Mr. Milano would not be attending the meeting due to a need for more research on the proposal.

 

 

 

Public Hearing on Zoning for Several Recently Annexed Parcels: Ordinance 490

Mayor McElroy opened the public hearing at 6:40 p.m. and closed the hearing at 6:41 p.m. with no comments from the floor.

 

ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE THE ZONING OF THE PARCELS AS PROPOSED.

MOTION CARRIED UNANIMOUSLY.

 

1. That the following parcels be zoned Residential 1

            7697-21-2390             D/P 629/907

            7697-02-8274 D/P 629/931

            7697-22-5528 D/P 665/464

            7697-22-6487 D/P 665/464

            7697-21-2522 D/P 613/66, 395/19, 667/832

            7696-48-9627 D/P 640/678, 640/578, 668/2145

2. That the following parcels be zoned Residential 2

            7697-75-4208 D/P 601/2011

            7697-75-2204 D/P 558/2349

            7697-76-1000 D/P 599/839

3. That the following parcels be zoned Commercial 1

            8606-49-7790 D/P 662/43

            8606-29-0312 D/P 613/526

 

A second reading will be held on November 14, 2006 due to the first reading not passing by 4/5th vote.

 

 

Public Hearing on Amending the Zoning Ordinance in Regard to Human Signs

Mayor McElroy opened the public hearing at 6:42 p.m. and closed the public hearing at 6:43 p.m. without any public comments coming from the floor. 

 

Proposed amendment: Add Definition: Human sign: Animals, or human beings, live or simulated, being, holding, or carrying a sign, designed or used so as to attract attention to the premises or activity.

 

Under Article VI Prohibited Signs

D. Human signs as defined with the except for use in conjunction with a public, civic or non-profit event.

 

Miss Maggie is covered under the exemption.

 

ALDERMAN EDWARDS MADE A MOTION TO APPROVE THE AMENDMENT AS PRESENTED.

MOTION CARRIED UNANIMOUSLY.

 

A second reading will be held on November 14, 2006 due to the first reading not passing by 4/5th vote.

 

 

Consideration of Certain Recommendations from the PRFAC Regarding Fees for Use of the Festival Grounds

The current fee for renting the Festival Grounds is $5,000.00, with up to $4,000.00 in credit if the promoter shows proof that they have spent that much in advertising that promotes Maggie Valley.  The PRFAC recommendation was to eliminate the advertising cost and to increase the charge to $500.00 per day with a $1,500.00 minimum for the three-day weekend, then $500.00 a day thereafter excluding cleanup and set up days. The fee for any event over five (5) working days would be negotiable.  Local non-profits will continue to be charged $500.00 and out-of-town non-profits will be charged $750.00, up from $500.00.

 

ALDERMAN EDWARDS MADE A MOTION TO TABLE THE ISSUE UNTIL THE FULL BOARD COULD BE PRESENT TO DISCUSS THE ISSUE.

MOTION CARRIED UNANIMOUSLY.

 

 

Consideration of Naming Two Persons as Alternates to Parks, Recreation, and Festival Advisory Committee

The Town Board had an opportunity to interview candidates on Tuesday morning for the two alternate positions on the Parks Recreation and Festival Advisory Committee.  These alternate members serve if one of the regular members cannot make it to the meeting. They are typically the members who move into regular member seats when there is a vacancy.

 

ALDERMAN ALDRIDGE MADE A MOTION TO AMEND THE ORDINANCE TO ALLOW FOR THREE ALTERNATE MEMBERS.

MOTION CARRIED UNANIMOUSLY.

 

A second reading will be held on November 14, 2006 due to the first reading not passing by 4/5th vote.

 

ALDERMAN EDWARDS MADE A MOTION TO APPOINT MR. BURTON EDWARDS AND CAROL BURRELL AND APPOINT SONJA MICHAELS AFTER THE SECOND READING OF THE ORDINANCE ON NOVEMBER 14, 2006, IF ADOPTED.

MOTION CARRIED UNANIMOUSLY.

 

 

Consideration of Naming Persons as Planning Board Members

The Town Board had the opportunity to interview three candidates for the Planning Board this morning.  There are currently five vacancies on the Planning Board, four in Town seats and one ETJ seat.  All of the candidates interviewed were Town residents.

 

ALDERMAN ALDRIDGE MADE A MOTION TO APPOINT SCOTT PAULEY, JANE JOHNSON, AND CABE CARVER TO THE PLANNING BOARD.

MOTION CARRIED UNANIMOUSLY.

 

 

Budget Amendments

Ordinance No. 492 is a budget amendment to recognize the revenues and expenditures for the Governor’s Highway Safety Grant for a Traffic Officer position.  The Town Board has approved the grant and the additional officer position, and Russell Gilliland will be starting on Thursday October 26. The amendment recognizes the amount of the grant plus the matching amount the Town had to put in for equipment.

 

Ordinance No. 493 is a budget amendment to add funds for the waterfall lighting project, and to add funds for the Town Hall Christmas lighting project.  The funding for these two projects totals $2,500.00 and is coming from the Contingency Fund.

 

Ordinance No. 494 is a budget amendment to pay off personal time that certain employees had accumulated.  Personal time is holiday time from prior years that the employees were never paid for or never given credit for.  Employees do not accumulate personal time anymore; however, these amounts need to be paid, in order to close this issue.

 

Ordinance No. 495 is a budget amendment to record the revenues and expenses for the waterfall project.  The total amount of the budget amendment is $85,350.00. The reason that figure is so high is because in-kind contributions have to be included in the total.  The in-kind expenses were $50,350.00.

 

ALDERMAN EDWARDS MADE A MOTION TO APPROVE ORDINANCE 492.

MOTION CARRIED UNANIMOUSLY.

 

ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE ORDINANCE 493.

MOTION CARRIED UNANIMOUSLY.

 

ALDERMAN EDWARDS MADE A MOTION TO APPROVE ORDINANCE 494.

MOTION CARRIED UNANIMOUSLY.

 

ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE ORDINANCE 495

MOTION CARRIED UNANIMOUSLY.

 

A second reading will be held on November 14, 2006 due to the first reading not passing by 4/5th vote.

 

 

Manager’s Report

◊ The Commission for a Clean County picked up trash along US-19 from the east to west entrance to Moody Farm Road.  Ten volunteers collected 15 bags of trash within the area. Manager Barth will write a thank you note to the Commission.

 

◊ The League of Municipalities Annual Conference was well attended and very educational.

 

◊ Ten Contractors came to the Pre-bid conference for the construction of the Maggie Valley I.C. Sutton Police Department. The bids are due November 2, 2006.

 

◊ The bids for the streetscape project came within budget from Young and McQueen Contracting Company.  NCDOT must approve the contract with Young and McQueen Contracting prior to the Town signing. The Town’s portion of the project will be $18,500.  If the grant funding is not used, T-21 Grant Funding Agency informed the Town that it would be lost.

 

Alderman Aldridge asked that something be done with the current crosswalks to magnify their visibility. Manager Barth will speak with NCDOT about using reflective paint.

 

ALDERMAN EDWARDS MADE A MOTION TO APPROVE THE RESOLUTION AUTHORIZING YOUNG AND MCQUEEN CONTRACTING COMPANY TO DO THE WORK AFTER NCDOT APPROVAL.

MOTION CARRIED.

 

 

Other Business

There was no further business to discuss.

 

 

Public Comment

Ms. Sonja Michels addressed Council informing them that her banner was missing and asked if she could get another banner to display during events held at the Festival Grounds.

 

Manager Barth directed Ms. Michels to the Planning Director.  The banner is illegal and cannot be located on a public fence that surrounds public area that directs traffic to a private business.

 

There being no further business to discuss, the meeting Adjourned At 7:15 On MOTION BY ALDERMAN ALDRIDGE WITH ALL IN FAVOR.

 

 

 

________________________________

Mayor Roger McElroy

 

 

 

 

________________________________

Vickie Best, CMC, Town Clerk