TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED BOARD OF ALDERMEN MEETING

NOVEMBER 15, 2005

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Phil Aldridge

Mark DeMeola

Roger McElroy

Staff Present: Manager Tim Barth, Chief Scott Sutton, Planning Director Nathan Clark, Finance Director Shayne Wheeler, Attorney Chuck Dickson, and Town Clerk Vickie Best

Others Present: Approximately 50 people

Meeting Called to Order

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

Consent Agenda

a. Petition for Annexation:

- Paul Glenn, #9 Maggie Valley Estates (0.5944 acres);

- Blue Ridge Land Dev. 9A Horseshoe Cove (0.6224 acres);

- Michael Shirley, #23 Brannon Forest (0.532 acres);

- Ronald Kough, #94 & #95 Brannon Forest (0.811 acres);

- Roger Donellan, #140 Brannon Forest (0.344 acres);

Resolution No. 05-57,

Directing Clerk to investigate an annexation petition.

b. Certificate of Sufficiency: Randy and Rhonda Smith,

Resolution No. 05-58 Setting Date for a Public

Hearing: Annexation for Randy and Rhonda Smith, 2523

Dellwood, Parcel #8607-70-7647 (0.94 acres):

December 20, 2005 at 6:30 p.m.

c. Certification of Notification for Zoning:

- Kyle Edwards: #3 & #4 Country Club Estates;

- Dianne Moomey, 125 Timberline Drive;

- Trinity Cove Subdivision, Spy Rock Road;

- Brannon Forest Phase II

d. Correction or Approval of Minutes for September 20, 2005.

e. Tax Releases.

Mayor Pinter asked that the minutes of September 20, 2005 reflect the year 2020 on page 8 paragraph 2.

ALDERMAN DEMEOLA MADE A MOTION TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION NOTED.

MOTION CARRIED UNANIMOUSLY.

Appearance of the Town ‘s Auditors to Present the Annual Audit for Fy 2004/05

Mr. Bryan Broome with Dixon Hughes PLLC appeared before Council giving an overview of the financial status of the Town. The Town’s debt ratio is low. The tax collection rate is good. The Fund Balance has been maintained. Internal controls are functioning properly. Back up data is now being stored off premises. The Manager reviews all checks. Duties are segregated as much as possible for a small town with a small staff. Mr. Broome went on to commend Ms. Wheeler for an excellent job in financial reporting.

Council thanked Mr. Broome and applauded Ms. Wheeler.

Appearance of David Huskins Regarding Ghost Town

Mr. Huskins presented a slide presentation to Council regarding the proposed buyers and their plans for reopening the theme park. American Heritage Entertainment consists of Hank Woodburn, Peter Hairston and Al Harper. These gentlemen have the means and knowledge to make Ghost Town a national attraction. The goal is to complete the purchase by the end of November and have the renovations completed by 2006. The park will be enhanced by adding authentic mountain musicians and crafters. The park will open earlier and remain open later in the season. A team of experts stands ready to move in and begin work. Local contractors will be used and existing employees will remain in place. Approximately 285 full and part time jobs will be created.

Council thanked Mr. Huskins for the presentation and the audience applauded the efforts made to reopen a needed attraction for the area. Mayor Pinter informed Mr. Huskins that the Town is united in helping to reopen Ghost Town.

Council took a brief recess from 7:35 p.m. until 7:50 p.m.

Appearance of Paul Tucker Regarding the Annexation of Brannon Forest

Mayor Pinter informed Council that due to the pending litigation there would be no comments from Council or the floor.

Mr. Tucker stated that he was representing himself while proceeding to give a summary of all the mistakes made by the Town and the Brannon Forest Developer. Mr. Tucker stated the he did not feel the annexation agreement he signed was legally binding. Mr. Tucker questioned if the Town had completed a Feasibility Study, while providing numbers from his personal Feasibility Study.

See Attachment 1 consisting of 3 pages.

Appearance of Fredrick Barnard

Mr. Barnard addressed Council stating that the sewer agreements were not enforceable because they were not recorded at the Register of Deeds Office. The list of property owners advertised in the Newspaper is not current because three of the properties listed are currently being sold. Mr. Barnard asked Council not to hold innocent people responsible for others’ mistakes. These people signed the agreements under duress because the homeowners had no choice.

Mr. Barnard did not want his written comments entered into the minutes.

Public Hearing on Annexation of Initial Brannon Forest Residents

Mayor Pinter opened the floor for comment at 8:12 p.m.

Mr. William Sebastyn addressed Council asking that a Feasibility Study be completed prior to the Board taking action.

Mayor Pinter closed the hearing at 8:14 p.m.

Alderman Aldridge asked that the Manager research the expense of annexing Brannon Forest.

Alderman McElroy informed Council that the previous manager did a Feasibility Study.

ALDERMAN ALDRIDGE MADE A MOTION TO TABLE THE ANNEXATION UNTIL FURTHER RESEARCH COULD BE DONE.

MOTION CARRIED UNANIMOUSLY.

Public Hearing on Annexation of Steven and Gayle Virgo, Lot 23 Maggie Valley Estates.

Mayor Pinter opened the hearing at 8:16 p.m.

There were no comments from the floor.

Mayor Pinter closed the pubic hearing.

ALDERMAN MCELROY MADE A MOTION TO ADOPT ORDINANCE 420 ANNEXING PARCEL 7686-36-9431.

MOTION CARRIED UNANIMOUSLY.

Public Hearing on Zoning Parcel 7697-20-9954, # 3 & #4 County Club Estates

Mayor Pinter opened the hearing at 8:18 p.m.

There were no comments from the floor.

Mayor Pinter closed the hearing.

ALDERMAN DEMEOLA MADE A MOTION TO ADOPT ORDINANCE 412.

MOTION CARRIED UNANIMOUSLY.

Public Hearing on Zoning Parcel 7686-75-3387, 125 Timberline Drive

Mayor Pinter opened the Public Hearing at 8:20 p.m.

There were no comments from the floor.

Mayor Pinter closed the hearing.

The Planning Board recommended zoning the area Residential 2 due to the commercial use and the mobile homes located within the area.

The Moomeys’ wish to build condominiums or townhouses to be used as rentals. The property is currently being used as a single-family resident but is surrounded on three sides by commercial.

A discussion evolved on Council’s desires for future development and the difficulty the Planning Board is having in proposing zoning for the different areas annexing into the corporate limits.

A joint workshop with the Planning Board would be advantageous to all members.

ALDERMAN ALDRIDGE MADE A MOTION TO TABLE THE ZONING UNTIL AFTER THE PLANNING BOARD AND BOARD OF ALDERMEN HAVE A JOINT MEETING.

MOTION CARRIED UNANIMOUSLY.

ALDERMAN DEMEOLA MADE A MOTION TO HAVE A JOINT MEETING ON DECEMBER 15^TH AT 6:30 P.M. TO DISCUSS ZONING AND SUBDIVISION ORDINANCES.

MOTION CARRIED UNANIMOUSLY.

Public Hearing on Zoning Parcel 8607-61-4954, Trinity Cove Subdivision

Mayor Pinter opened the Public Hearing at 8:45 p.m.

Ms. Donna Towsey of 230 Spy Rock Road questioned Council on what were the developer’s intentions for the area.

Manager Barth responded that her home along with the two other homes located at the entrance, would remain in Haywood County. The developer petitioned for annexation in order to receive sewer service. The proposed zoning is Residential 2 for single-family and multi-family homes. The single family lots will be approximately 11, 000 square feet and the multi-unit homes will be approximately 14,000 square feet not to include rights-or-way or the road.

The erosion control plan has been approved and is in place.

Mayor Pinter closed the hearing at 8:55 p.m.

Planning Board Member Billy Brede addressed Council explaining the review process that went into the Trinity Cove Subdivision. The original plan would have met the Residential 3 requirements and the developer graciously modified his plan to meet the Residential 2 requirements and still have the flexibility for multi-family homes. The Campbell Creek area was zoned Residential 1 because of the proximity to the watershed. The Trinity Cove Subdivision is not similar in any way. The developer provided for open green space throughout the project. The top of the property in question meets the ETJ R2 area.

Mayor Pinter reminded Council that the Campbell Creek area was not within the watershed.

ALDERMAN MCELROY MADE A MOTION TO ZONE THE AREA R2.

MOTION CARRIED UNANIMOUSLY.

Due to a policy that Board meetings will not exceed 9:00 p.m., Alderman Aldridge questioned continuing the meeting.

Due to the public hearing being advertised for this time and place, Manager Barth asked that Council continue with the meeting.

ALDERMAN MCELROY MADE A MOTION TO CONTINUE THE MEETING, TO HAVE THE PUBIC HEARINGS AND ITEM 14 ON THE AGENDA, DUE TO THE ISSUE BEING TIME SENSITIVE.

MOTION CARRIED.

Public Hearing on Zoning Parcel 7697-66-3064, Brannon Forest Phase II

Mayor Pinter opened the hearing at 9:05 p.m.

There were no comments from the floor.

Mayor Pinter closed the hearing.

ALDERMAN MCELROY MADE A MOTION TO TABLE ALL REMAINING ITEMS FOR BOARD DECISION.

MOTION CARRIED.

Public Hearing on amending the Zoning Ordinance to add a Definition for “Top of Creek Bank”

Mayor Pinter opened the hearing at 9:07 p.m.

Mr. Kyle Edwards addressed the Board stating that he has a stream on his property but it is not considered a trout stream.

Manager Barth explained that the question on definition arose from Brannon Forest Phase II. The definition clarifies how the creek bank is defined.

Mayor Pinter closed the meeting at 9:11 p.m.

Public Hearing on Amending the Zoning Ordinance Regarding “Lots of Record”

Mayor Pinter opened the hearing at 9:11 p.m.

Mr. Kyle Edwards addressed Council stating that the property has been plated for over 17 years. He has a vested interest in sewer, electric, and engineering. The business has been a success with good people spending the season in the valley.

Mayor Pinter closed the hearing at 9:13 p.m.

Council discussed tabling the issue until December 20, 2005, after the joint meeting with the Planning Board. The Planning Board recommends leaving the ordinance as written.

Mr. Edwards informed Council that he is waiting to close on three lots he has sold as well as retaining an attorney for this meeting. Mr. Edwards contends that the Board of Aldermen promised him that his property would be grandfathered.

Council discussed taking action without a full board present and before talking with the Planning Board.

The proposed amendment is as follows:

The owner of a lot of official record in any district at the time of the adoption of this Ordinance or amendment thereto or his successor in title thereto, may continue to use the recorded lot under the same conditions, (including lot size and setbacks), that existed at the time said owner purchased the lot. The only criteria that he must meet from the Town’s zoning ordinance are the proposed use must be an allowed use in the zoning district where it is located.

ALDERMAN MCELROY MADE A MOTION TO TAKE ACTION ON THIS ISSUE AND FURTHER MAKE A MOTION TO ADOPT THE AMENDMENT AS PRESENTED.

MOTION CARRIED UNANIMOUSLY.

Consideration of Resolution with BB&T to Finance the Three Vehicles That were Recently Ordered

ALDERMAN ALDRIDGE MADE A MOTION TO ADOPT THE RESOLUTION.

MOTION CARRIED UNANIMOUSLY.

Manager’s Report

Manager Barth will provide a written report to Council.

Other Business

ALDERMAN ALDRIDGE MADE A MOTION TO CANCEL THE PREVIOUSLY SCHEDULED MEETING FOR NOVEMBER 29, 2005 BECAUSE IT WOULD BE PREMATURE TO MEET ABOUT THE POLICE DEPARTMENT AT THIS POINT.

MOTION CARRIED UNANIMOUSLY.

Public Comment

Ms. Patricia Tilley asked that the Board of Aldermen complete a needs assessment before even considering spending $800,000 for an unfurnished Police Department; adding that this is the first time she has heard of the Town building a Police Department.

Manager Barth responded that there was a lot of discussion during the budget process and a space needs assessment was completed.

The price quoted in the newspaper was “off the cuff”.

ALDERMAN MCELROY MADE A MOTION TO ADJOURN AT 9:55 P.M.

_______________________________

Mayor Jo Pinter

_______________________________

Town Clerk Vickie Best, CMC