TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED BOARD OF ALDERMEN MEETING

OCTOBER 18, 2005

MINUTES

MEMBERS PRESENT: Mayor Jo Pinter Aldermen: Roger McElroy

Mark DeMeola

Linda Taylor

Phil Aldridge

Staff Present: Manager Tim Barth, Planning Director Nathan Clark, Chief Scott Sutton, and Town Clerk Vickie Best

Others Present: Approximately 15 people

MEETING CALLED TO ORDER

Mayor Pinter called the meeting to order at 6:32 p.m. in the Town Hall Boardroom.

CONSENT AGENDA

a. Certificate of Sufficiency: Steven & Gayle Virgo,

Resolution No. 05-54 Setting Date for Public Hearing:

Annexation for Steven & Gayle, Lot 23

Maggie Valley Estates, Parcel #7686-36-9431:

November 15, 2005 at 6:30 p.m.

b. Certificate of Sufficiency: Certain Brannon Forest Property

Owners, Resolution No. 05-55 Setting Date for Public

Hearing: Annexation for Certain Brannon Forest Property

Owners: November 15, 2005 at 6:30 p.m.

c. Setting a public hearing on November 15, 2005 at 6:30 p.m.

to zone Lots #3 and #4 Country Club Estates (Kyle

Edwards).

d. Setting a public hearing on November 15, 2005 at 6:30 p.m.

to zone 125 Timberline Drive (Dianne Moomey).

e. Setting a public hearing on November 15, 2005 at 6:30 p.m.

to zone Trinity Cove Subdivision.

f. Setting a public hearing on November 15, 2005 at 6:30 p.m.

to zone Brannon Forest Phase II.

g. Correction or Approval of Minutes for August 8, 2005

h. Tax Releases.

The Clerk requested three parcels be removed from the Brannon Forest list of petitions due to the property being in the process of being sold.

Proper notice was not provided to the adjourning property owners for the Edwards and Moomey zoning. The Public Hearing will be set for November 15, 2005.

The Developers of the Trinity Cove Subdivision have changed property lines to meet R2 Zoning.

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

MOTION CARRIED UNANIMOUSLY.

PUBLIC HEARING ON ANNEXATION OF ARMINDA GUILLAMA 129 TEAGUES LOOP ROAD PARCEL #8606-19-3891

Mayor Pinter opened the Public Hearing at 6:43 p.m.

Mr. Jay Ring questioned if the Town was annexing all of Mr. Guillama contiguous property.

Most of the annexations are driven by the need for sewer service.

Mr. Ring felt liquor laws would drive some annexations. Mr. Ring went on to question if this would be spot annexation.

The area is contiguous to the corporate limits and was zoned Commercial 1 as part of the ETJ.

Alderman Taylor agreed with Mr. Ring. A property owner would most likely not volunteer to annex a parking lot for a business that sold alcohol if they were not required to do so.

The Hearing closed at 6:50 p.m.

ALDERMAN ALDRIDGE MADE A MOTION TO ANNEX THE PROPERTY AS REQUESTED.

MOTION CARRIED UNANIMOUSLY.

Ordinance No. 408 annexes parcel 8606-19-3891

PUBLIC HEARING ON ANNEXATION OF GARY BEASLEY, 60 FILLY LANE, PARCEL # 7697-12-3154

Mayor Pinter opened the Public Hearing at 6:51 p.m.

There were no comments from the floor. The Hearing closed at 6:51 p.m.

This parcel is in the Horseshoe Cove Subdivision. There were petitions from property owners on the lower portion of the road but the Town would not act on those properties because there are problems with the road and possibly a lawsuit over mudslides.

ALDERMAN ALDRIDGE MADE A MOTION TO ANNEX THE PROPERTY AS REQUESTED.

MOTION CARRIED UNANIMOUSLY.

Ordinance 409 annexes the property into the corporate limits.

PUBLIC HEARING ON ANNEXATION OF CYA HOMEBUILDERS, INC. LOT 19 PASA FINO ROAD PIN # 7697-02-4196

Mayor Pinter opened the Public Hearing opened at 6:54 p.m.

There were no comments from the floor.

The Public Hearing was closed at 6:54 p.m.

ALDERMAN DEMEOLA MADE A MOTION TO ANNEX THE PROPERTY.

MOTION CARRIED UNANIMOUSLY.

Ordinance 410 annexes the property into the corporate limits.

PUBLIC HEARING ON ANNEXATION OF Ronald & Patricia Wilson #14 and #15 Section A Country Club Estates Parcel # 7697-11-3749

Mayor Pinter opened the Public Hearing at 6:55 p.m.

There were no comments from the floor.

Mayor Pinter closed the Public Hearing at 6:55 p.m.

ALDERMAN TAYLOR MADE A MOTION TO ANNEX THE PROPERTY.

MOTION CARRIED UNANIMOUSLY.

Ordinance 411 annexes the property into the corporate limits.

PUBLIC HEARING ON ANNEXATION OF PAUL EDWARDS 331 LEWIS LANE PARCEL 7686-46-5714

Mayor Pinter opened the Public Hearing at 6:56 p.m.

There were no comments from the floor.

Mayor Pinter closed the Hearing at 6:56 p.m.

ALDERMAN DEMEOLA MADE A MOTION TO ANNEX THE PROPERTY AS REQUESTED.

MOTION CARRIED UNANIMOUSLY.

Ordinance 412 annexes the property into Town.

PUBLIC HEARING ON ANNEXATION OF ADAMS & HERMAN LOT 17 MAGGIE VALLEY ESTATES PARCEL #7686-46-4558

Mayor Pinter opened the Public Hearing at 6:57 p.m.

There were no comments from the floor.

Mayor Pinter closed the Public Hearing at 6:57 p.m.

ALDERMAN ALDRIDGE MADE A MOTION TO ANNEX THE PROPERTY.

MOTION CARRIED UNANIMOUSLY.

Ordinance 413 annexes the property into the Town.

PUBLIC HEARING ON ANNEXATION OF JOHN MCREYNOLDS STABLE LANE LOT #330 PARCEL 7697-12-0840

Mayor Pinter opened the Public Hearing at 6:58 p.m.

There were no comments from the floor.

Mayor Pinter closed the Public Hearing at 6:58 p.m.

ALDERMAN TAYLOR MADE A MOTION TO ANNEX THE PROPERTY.

MOTION CARRIED UNANIMOUSLY.

Ordinance 414 annexes the property into Town.

PUBLIC HEARING ON ANNEXATION OF MORRIS HINTZMAN STABLE LANE LOT 331 PARCEL #7697-02-7702

Mayor Pinter opened the Public Hearing at 6:59 p.m.

There were no comments from the floor.

Mayor Pinter closed the Hearing at 6:59 p.m.

ALDERMAN ALDRIDGE MADE A MOTION TO ANNEX PARCEL 7697-02-7702.

MOTION CARRIED UNANIMOUSLY.

Ordinance 415 annexes the area into the corporate limits.

PUBLIC HEARING ON ANNEXATION OF WILLIAM WORRELL 84 HAYES STREET, PARCEL #8606-49-4959

Mayor Pinter opened the Public Hearing at 7:00 p.m.

There were no comments from the floor.

The parcel will house a warehouse for High Country Furniture.

Alderman DeMeola questioned if the drainage is “in tact”.

Alderman Taylor asked that the Town act on all parcels where there is a signed annexation agreement.

Mayor Pinter closed the Public Hearing at 7:02 p.m.

ALDERMAN ALDRIDGE MADE A MOTION TO ANNEX THE PARCEL.

MOTION CARRIED UNANIMOUSLY.

Ordinance 416 annexes the property.

PUBLIC HEARING ON ANNEXATION OF BETTY LOWE, 302 CAMPBELL CREEK PARCEL # 7686-07-2481

Mayor Pinter opened the Hearing at 7:03 p.m.

There were no comments from the floor.

Mayor Pinter closed the Public Hearing at 7:03 p.m.

ALDERMAN DEMEOLA MADE A MOTION TO ANNEX THE PROPERTY.

MOTION CARRIED UNANIMOUSLY.

Ordinance 417 annexes the Lowe property into the corporate limits.

CONSIDERATION OF REVISED FESTIVAL GROUNDS APPLICATION FORM AND RENTAL FEE SCHEDULE

After reviewing the revised form, Alderman Taylor questioned asking for driver’s license and social security numbers when identity thief has become such an issue. Alderman Taylor felt a social security number would not be necessary, going on to request Attorney Dickson to review the form.

Chief Sutton agreed that the social security number is not needed but a driver’s license is necessary to do a background check.

Alderman Taylor stated that the Town is not doing a credit check, going on to ask what criteria has been set up for doing background checks.

Manager Barth responded that a criteria for background checks has not been established but questioned how you would determine what level of crime rises to a level that the promoter cannot be trusted.

Attorney Dickson agreed that Council should get as much information as possible but the information would be secure. Age verification would be needed prior to entering into a contract.

The rental application will be kept in the Clerk’s office. Although the records in the Clerk’s office are public records, a social security or driver’s license would fall under the Privacy Act.

The Police Department does not divulge Driver’s License Numbers or Date of Birth.

Attorney Dickson advised Council to direct Manager Barth to revise the form to meet Privacy Act Laws.

Alderman Taylor went on to question advertising cost and if in-kind advertising would count against the rental fee. An example would be the Mountaineer Newspaper having an event and then advertise in the event in the Mountaineer.

Proof of advertising costs is required.

Alderman Taylor then questioned people going to Trade Shows and distributing flyers; especially motorcycle shows.

Alderman McElroy felt the PRFAC should make that decision with the option that the promoter may appeal to the Board of Aldermen.

Alderman Taylor felt the Board was “shooting themselves in the foot with a $5,000 rental fee”.

Although the amount may seem pricey, Manager Barth responded that there was a lot of discussion among the PRFAC members; and the Board believes that part of what is being accomplished is getting Maggie Valley’s name out to the public at-large. The bulk of private events will meet the $4,000 in advertising.

The non-profit organizations will pay a flat $500 fee.

ALDERMAN ALDRIDGE MADE A MOTION TO ACCEPT THE REVISED APPLICATION WITH THE NOTED CHANGES.

Mayor Pinter questioned if it was not too early to charge such a high fee when there is no lighting or power available on the grounds.

Mr. Massey spoke from the floor stating that the recommendation from the PRFAC was not by unanimous vote.

The application provides the opportunity for small events to appear before the board on a case-by-case basis. Small events are encouraged.

There were discussions regarding the period of time provided for the advertising plan.

ALDERMAN TAYLOR OPPOSED THE REVISED FORM AND FEE SCHEDULE.

MAYOR PINTER OPPOSED THE FEE SCHEDULE.

ALDERMAN MCELROY VOTED IN FAVOR OF THE REVISIONS.

ALDERMAN DEMEOLA VOTED IN THE AFFIRMATIVE.

MOTION CARRIED BY MAJORITY

REQUEST TO WAIVE THE HOUSEHOLD GARBAGE FEE FOR EAGLE NEST ENTERTAINMENT

The adjacent house is used as living quarters for people that work and perform at Eagle Nest Entertainment. The business has contracted for commercial garbage collection.

Alderman Aldridge reminded Council that it was issues like this that were discussed prior to signing the contract with GDS for solid waste collection.

After a brief discussion, Council decided that staff should write a letter informing the owner that if the use changes, solid waste collection would apply.

ALDERMAN TAYLOR MADE A MOTION TO EXEMPT EAGLE NEST ENTERTAINMENT FROM SOLID WASTE COLLECTION.

MOTION CARRIED UNANIMOUSLY.

CONSIDERATION OF ZONING PIONEER VILLAGE

Manager Barth explained that the Fugate Flea Market (Hazel Bradshaw property) is being subdivided. The front of the property is commercial while the back is useless swampland. This will provide Ms. Bradshaw the opportunity to bring the zoning back before the Planning Board for a recommendation.

Chairman Tilley addressed Council stating that the Planning Board recommends Pioneer Village Resort be zoned Commercial 1. Residential uses are allowed but discouraged in C1. Commercial 1 does not allow mobile home parks or storage units.

ALDERMAN ALDRIDGE MADE A MOTION TO ZONE PIONEER VILLAGE COMMERCIAL 1.

MOTION CARRIED UNANIMOUSLY.

CONSIDERATION OF SECTION 1000 OF THE ZONING ORDINANCE REGARDING LOTS OF RECORD.

The Planning Board reviewed the issue on October 5, 2005 and came to the decision to recommended the ordinance remain as written.

The proposed revision would allow platted land, prior to annexation, to be used even if it does not fall within the 20% of meeting the required lot size.

Zoning Board Chairman Jay Ring felt all people with land platted prior to being annexed should be allowed to use their land.

ALDERMAN ALDRIDGE MADE A MOTION TO TABLE THE ISSUE UNTIL THE PLANNING DIRECTOR GETS A CONSENSUS ON HOW OTHER TOWNS DEAL WITH LOTS OF RECORD.

ALL MEMBERS WERE IN FAVOR OF TABLING THE ISSUE.

MANAGER’S REPORT

There is six hundred (plus) feet of road frontage along the Wild Acres area that is not in the corporate limits. Thus, the reason for the real estate signs located within the area.

Manager Barth suggested allowing the Planning Director to research the Town taking over the NCDOT easement all along US-19. This would also benefit the Police Department enforcing traffic regulations and working accidents.

The consensus was to table the issue until Mr. Clark researches the subject.

PUBLIC COMMENTS

Ms. Patricia Tilley addressed the board asking the Town to assist with the drainage problems within the Valley Creek Run Subdivision.

There were concerns about setting precedence when there are other subdivisions in similar situations.

ALDERMAN ALDRIDGE MADE A MOTION TO ENTER CLOSED SESSION FOR THE PURPOSE OF DISCUSSION UNDER THE ATTORNEY CLIENT PRIVILEGE.

MOTION CARRIED.

ON MOTION OF ALDERMAN TAYLOR, THE BOARD CAME OUT OF CLOSED SESSION AT 9:08 P.M.

ALDERMAN TAYLOR MADE A MOTION TO HAVE ATTORNEY DICKSON PROVIDE INFORMATION TO ATTORNEY CRAIG JUSTUS AND REQUEST THE VAN WINKLE FIRM TO REPRESENT THE TOWN IN THE BRANNON FOREST LAWSUITS.

MOTION CARRIED UNANIMOUSLY.

ON MOTION BY ALDERMAN TAYLOR THE MEETING ADJOURNED AT 9:10 P.M.

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Mayor Jo Pinter

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Town Clerk Vickie Best, CMC