Town of Maggie Valley

Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

October 19, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Linda Taylor

Mark DeMeola

Phil Aldridge

Staff Present: Police Chief Scott Sutton, Planning Director Kevin Byrd, and Town Clerk Vickie Best

Approximately 40 people were in attendance

Meeting Called to Order

Mayor Pinter called the meeting to order at 5:33 p.m. on Tuesday October 19, 2004 in the Town Hall Boardroom. Mr. James Ring gave the invocation and led the audience in the pledge of allegiance.

Public Announcement

Mayor Pinter announced that Alderman Higel submitted a resignation letter to the clerk effective October 15, 2004. Mayor Pinter stated that she appreciated and admired Mr. Higel’s dedication, contributions, determination, and courage.

Alderman Aldridge questioned accepting Alderman Higel’s resignation because no one on the board has attempted to contact him. Alderman Aldridge felt Mr. Higel brought a lot of good ideas to the table and felt there was still room for effort, from council, to keep him on the board.

Alderman DeMeola felt that Alderman Higel would want the board to carry on with town business. With respect for Alderman Higel’s decision, the following motion was made.

ALDERMAN DEMEOLA MADE A MOTION TO ACCEPT ALDERMAN HIGEL’S RESIGNATION.

ALDERMAN TAYLOR SECONDED THE MOTION.

ALDERMAN ALDRIDGE OPPOSED AGAIN STATING THAT NO ONE FROM THE BOARD MADE AN EFFORT TO CONTACT JIM.

MOTION CARRIED BY MAJORITY.

Regarding a letter previously written to the Board of Alderman pertaining to the poor condition of the fence installed at the festival grounds, Mayor Pinter explained that the letter requested that it be included in the minutes. In an effort not to infringe on freedom of speech, the letter was read. An address was not included and false accusations were made regarding Mr. Phil Wight; it appears in an attempt to cause controversy. Mayor Pinter explained that the law does not necessitate public comment at council meetings in written or oral form. Letters of this nature will not be addressed in the future unless they are confirmed prior to the meeting.

Appointments to the Zoning Board of Adjustment

Ms. Kay Matthews, Jay Ring, and Richard Pierce are appointed as full members. Mr. Phil Wight and James Hannan are appointed as alternates.

Mr. Ring felt serving on both the Zoning Board of Adjustment and the Planning Board is a conflict of interest. Mr. Ring will draft a letter explaining his position. The work load of serving on both boards would be too time consuming.

Mayor Pinter provided the timeline and vacancies on the planning board and asked all interested parties to apply.

Consent Agenda

Approval or Correction of Minutes: September 7, 2004

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE MINUTES OF SEPTEMBER 7, 2004 WITH THE FOLLOWING CORRECTIONS:

SHOW ALDERMAN DEMEOLA AS BEING PRESENT; SHOW THE

FOLLOWING AS MOTION CARRIED BY MAJORITY VOTE. ALDERMAN HIGEL MADE A MOTION TO ALLOW MS. MICHELS TO PUT THE DIRECTIONAL BANNER ON THE FENCE TEMPORARILY DURING FESTIVALS AS LOCATED BEFORE, BUT THE BANNER MUST BE REMOVED AT THE END OF THE FESTIVALS.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

ALDERMAN DEMEOLA VOTED IN THE AFFIRMATIVE ADDING THAT THIS COULD HAVE MAJOR RAMIFICATIONS AND THAT ALL ASPECTS SHOULD BE CONSIDERED.

ALDERMAN TAYLOR VOTED IN OPPOSITION ADDING THAT SHE HAD RATHER SEE THE SIGN ON POLES THAN AN ILLEGAL BANNER ON THE FENCE.

MOTION CARRIED BY MAJORITY.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

Philip Wight: Request to Address Council

Mr. Wight addressed Council stating that Mayor Pinter had covered the issues that concerned him. Mr. Wight wanted to assure everyone that he had nothing to do with the letter that mentioned the Clarkton Motel. Mr. Wight did not know the people that had signed the letter, nor had he made any plans for a fence to be installed at his motel.

Sonja Michels/ Creekwood Village: Request for a Decision on the Installation of a Permanent Sign

Mayor Pinter discussed the locations that a 2’ x 6’ sign could be located. Ms. Michels felt that either location discussed would not meet her needs. The sign should be located in an area easily seen from US-19.

The Zoning Board of Adjustment granted Ms. Michels a variance to place a directional sign on Town property contingent on approval from the Aldermen about location. The Zoning Board of Adjustment granted the variance due to their belief that the Town created a hardship on Ms. Michels’ business by turning the property into a festival grounds thus causing confusion as to which way to enter Ms. Michels’ business.

Council took a brief break from 6:23 p.m. until 6:28 p.m.

Alderman Taylor stressed her concerns about the back gate being blocked or locked. As determined by the previous Town Council, the back gate should be used for emergency use only.

Council discussed the overgrown shrubs that interfere with in the right-of-way. The Public Works department will move the town owned chain link fence from Ms. Michels’ right-of-way.

Alderman DeMeola suggested a street sign with a directional arrow and the possibility of two street signs.

ALDERMAN TAYLOR MADE A MOTION TO ALLOW A 2’ X 6’ STREET SIGN FACING FESTIVAL DRIVE AT THE CURVE LEADING TO CREEKWOOD VILLAGE ON THE ROAD RIGHT OF WAY.

ALDERMAN DEMEOLA SECONDED THE MOTION.

Council then discussed keeping the road right-of-way clear of traffic. Ms. Michels felt a sign located in the curve leading to her business would not be adequate.

ALDERMAN TAYLOR RESCINDED HER MOTION.

Council discussed the sign being requested being a non-conforming sign. The business is outside the corporate limits and now that new legislation has been enacted, it is difficult to bring non-conforming signs into compliance.

Council decided to continue this board meeting until 3:30 p.m. to meet on the property to look at different locations and other relevant issues regarding the right-of-way.

Public Hearing on Question of Voluntary Annexation

The following petitions for annexation were received, investigated as to the sufficiency, and a public hearing advertised pursuant to the General Statutes.

McElroy Apartments located At 953 Jonathan Creek Road pin number 8607-24-0233
The Meadows at Campbell Mountain located off Campbell Mountain Road Pin number 8607-03-6041.

Mr. Jay Ring spoke from the floor stating signs should be posted at the satellite area letting people know that they are in Maggie Valley’s jurisdiction. Mr. Ring spoke on seeing a vehicle pulled over by a Maggie Valley Police Officer on Dellwood Road.

Council called Chief Sutton into the boardroom to give an explanation. Chief Sutton explained that the police have full jurisdiction from point a (corporate limits) to point b (satellite annexation). The police can exceed the one mile if there remains a visual site of the vehicle in pursuit.

ALDERMAN TAYLOR MADE A MOTION TO ADOPT ORDINANCE NUMBERS 359 AND 360 ANNEXING BOTH PARCELS INTO THE CORPORATE LIMITS AS PETITIONED.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED.

Set Public Hearing : Amendment to the Zoning Ordinance

1) Amendment to Town of Maggie Valley Zoning Ordinance:

Section 1104 Specific Landscape Requirements.

Proposed addition:

(h) Prior to the issuance of a Certificate of Occupancy, a fine grade shall be applied to the site. Further, the site shall be free and clear of any construction materials and/or debris.

2) Amendment to Town of Maggie Valley Zoning Ordinance:

Chapter 2. Signs Article III. Enforcement and Administration Section H.

Currently exists:

Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not exceeding fifty dollars ($50.00) or by imprisonment not to exceed thirty (30) days. Each day such violation continues shall be deemed a separate offense.

In addition to the above statement and in accordance with G.S. 160A-175, the Town of Maggie Valley shall have the power to impose penalties for the violation of the provisions of this ordinance as provided in this section. The Town may enforce this ordinance by any one, all, or a combination of the remedies authorized and prescribed by G.S. 160A-175,with the exception of subsection (b). When a violation subjects an offender to a civil penalty, said penalty shall be $50.00 per day. Unless the violation is corrected or appeal is made to the Town of Maggie Valley Board of Adjustment, the civil penalty shall begin ten days after the notice of the violation has been given by means of a certified letter by the Town of Maggie Valley official. Further, this ordinance shall provide that each calendar day’s continuing violation shall constitute a separate and distinct offense, and the total penalty thus resulting shall be recorded as a lien against the property.

Proposed addition:

Prior to the issuance of a civil penalty, the Code Enforcement Officer may remove an illegal sign, which is temporary in construction, installment, and/or in a publicly deeded right of way contingent upon the following the prescribed notification procedure. The Code Enforcement Officer must first issue a violation notice attached to the sign indicating five (5) business days remove the non-conforming sign. Second, the Code Enforcement Officer shall place a warning sticker on the sign granting three (3) business days prior to removal of the non-conforming sign. If the non-conforming sign is not removed following the two notifications, equating to eight (8) business days, the Code Enforcement Officer may remove the sign and make it available for retrieval at Town Hall for an additional ten (10) business days. This ordinance pertains to, but not limited to signs without a temporary sign permit, illegally posted signs at intersections, off-premise real estate signs, signs in a publicly deeded right of way, and signs advertising businesses and events.

Alderman Taylor asked that Mr. Byrd investigate ways realtors can have a sign when open houses are being held.

ALDERMAN DEMEOLA MADE A MOTION TO SET NOVEMBER 16, 2004 FOR THE DATE OF THE PUBLIC HEARING.

ALDERMAN TAYLOR SECONDED THE MOTION, REQUESTING THAT THE BOARD OF ALDERMEN BE NOTIFIED WHEN THE PLANNING BOARD PLANS TO DISCUSS THESE ISSUES.

MOTION CARRIED.

The Planning Board will be meeting November 3 at 3:00 p.m.

Budget Amendments

Ord 353 – This amendment is to set up the payments in the General Fund for the Public Works building that was approved October 5, 2004.

Ord 354 – This amendment is to appropriate funding in the Sewer Fund for the Public Works building.

Ord 355 – This amendment is to appropriate funding in the General Fund for the Public Works building.

Ord 356 – This amendment is to update the budget to include the Governors Highway Safety Grant that was awarded to the Police Department. The grant reimburses the Town 100% for items purchased.

Ord. 357 – This amendment is to appropriate funding for the Planning Department that was approved October 5, 2004.

Ord 358 – This amendment is to correct the budget. Moving NON Powell Bill expenditures out of the Powell Bill Department into the Public Works Department.

ALDERMAN TAYLOR MADE A MOTION TO ADOPT THE BUDGET AMENDMENTS.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

Other Business

Alderman Taylor asked that it be put on the next board agenda why Council has put a hold on establishing the festival board.

ON MOTION BY ALDERMAN TAYLOR, SECONDED BY ALDERMAN DEMEOLA THE MEETING WAS CONTINUED UNTIL 3:30 P.M. THE FOLLOWING DAY WHEN COUNCIL WILL MEET WITH MS. MICHELS AT THE FESTIVAL GROUNDS TO LOOK AT POSSIBLE LOCATIONS FOR THE DIRECTIONAL SIGN.

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Jo Pinter, Mayor

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Vickie Best, CMC

Town Clerk