Town of Maggie Valley

Aldermen Team Building Session

November 22, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Mark DeMeola

Linda Taylor

Phil Aldridge

Staff Present: Manager Bob Shepherd, Public Works Director Mike Mehaffey

And Town Clerk Vickie Best

Others Present: Brannon Forest Representatives, Attorney Jack Kirsten, Reporter Darin Miller, and Brenda O’Keefe

Meeting Called to Order

Mayor Pinter called the meeting to order at 1:00 p.m. on Monday November 22, 2004 in the Town Hall Boardroom.

Interview Ms. Brenda O’Keefe for Appointment to the Planning Board

Ms. O’Keefe served on the Planning Board a number of years ago, for several terms. Ms. O’Keefe’s visions for the town consist, in part, to protecting the natural resources of the area as well as maintaining the integrity of the mountain people. Tourism is Maggie Valley’s only industry; therefore, the town needs to help businesses while sustaining a social conscience. Maggie Valley should be a place where people are happy to live and visit.

Ms. O’Keefe purchased a copy of Maggie Valley’s comprehensive/strategic plan as soon as it was available as well as meeting with Dr. Garry Cooper throughout the process. Ms. O’Keefe was disappointed with the amount of effort put into the plan although was glad Maggie Valley had a plan even if it is not very comprehensive. Maggie Valley should be maintained as a community. Maggie Valley needs a drug store and a grocery store. The town should steer away from the strip commercial atmosphere. There should be multiple uses in all areas. There should be development on side streets. Ms. O’Keefe went on to suggest council review the Town of Fletcher’s comprehensive plan. There are grant funds and a wide range of creative planning available, if pursued.

Although zoning is a hot topic in most regions, Ms. O’Keefe felt the planning board should review, update, and amend the ordinances. All zoning districts should be revised and strict standards set for developers while being ever mindful of local residents.

When questioned about education Ms. O’Keefe felt the planning board should pursue all opportunities for education adding that she would not have a problem attending classes at the Institute of Government or Western Carolina University. Ms. O’Keefe also felt that it is too laborious for planning board members when meetings are scheduled every week or two. The people serving on all boards should receive training pertinent to the mission of the board.

Ms. O’Keefe felt she has good organizational skills and a strong belief in standing up for what you believe. Ms. O’Keefe stated that she does not come to the table with an agenda other than to see Maggie Valley move forward. Town government, as a whole, should listen to what people in Maggie Valley are saying. Often it is too late when the voice of the people is heard. The town manager or the town attorney should attend and be involved in all meetings.

When questioned about Ghost Town reopening, Ms. O’Keefe responded that she would love to see Ghost Town reopen as a theme park bringing in thousands of visitors annually, and employing 200 people or more. Ms O’Keefe would also like to see Mr. Coburn get his money and be able to go on with his life.

Ms. O’Keefe thanked council for their time and left the meeting.

Discussion on Proposal from Brannon Forest

Attorney Kirsten addressed council explaining that he has been involved since the inception of Brannon Forest. The developer installed the sewer lines and infrastructure. After obtaining state permits and passing all inspections, the sewer lines were dedicated to Maggie Valley. The impact/tap fee ($720 per bedroom) and the monthly sewer user fees ($29/2 BR, $31/ 3 BR, $33 4 BR plus) are based on the number of bedrooms.

Brannon Forest Developers agreed to petition for annexation at such time as the Town of Maggie Valley deemed necessary in exchange for receiving sewer service. As sewer taps were sold, property owners were required to submit an annexation agreement. The agreements were not recorded in the Haywood County Register of Deeds Office but were on file in the Maggie Valley Clerk’s Office. Problems have risen for second home buyers due to the seller not informing the buyer and the agreement not showing in the title search.

Attorney Kirsten acknowledged that the town has the authority to involuntarily annex the area and/or raise the sewer user rates; but went on to plead with Council not to raise the monthly user fees to an amount equal to the taxes levied if annexed. Attorney Kirsten felt it unfair to raise rates to such an extent that the rates would be equal to ad valorem tax when the town would not provide the normal and customary amenities. Attorney Kirsten felt it unfair to punish the entire subdivision over a few residents.

Mr. Mehaffey clarified that Brannon Forest is charged the same user fees and impact/tap fees as other people outside the corporate limits receiving sewer without water.

Council discussed treatment capacity and the effects of Ghost Town reopening, other developments requesting sewer and the need to expand the wastewater treatment plant within a few years.

Alderman Taylor adamantly felt Brannon Forest should be annexed into the town the same as other developments that are required. In the beginning, the Town attempted to help the developer; but now the town is suffering repercussions from Brannon Forest residents as well as other developers requesting fair treatment. Another issue for developers, Brannon Forest selling house sites to people that may have purchased property within another development but opted for Brannon Forest because of public sewer and no taxes.

No more taps will be sold within Brannon Forest unless a petition for annexation is signed. Some of the most verbal opponents signed annexation agreements. Council and many town residents took great offense to the negative articles printed in the newspapers by the Brannon Forest residents.

As an experienced realtor, Alderman Taylor felt the second homebuyer could go back to the original property owner for failure to disclose the annexation agreement.

Attorney Kirsten reiterated that the cause of the problem is the agreements not being recorded in the Haywood County Register of Deeds Office.

Council discussed putting a moratorium on selling additional taps. The homeowners in phase 1 of Brannon Forest Subdivision appear not to care about or want a phase 2.

Attorney Kirsten and Mr. Stephenson stated that the development would not stop because of a moratorium. The developer will use septic systems for the next phase if need be.

Council discussed getting relief through special legislation to remedy the annexation situation.

Alderman Aldridge gave an example of a private community that pays higher rates to remain a private community.

Alderman Taylor requested all signed agreements be recorded in the Haywood County Register of Deeds Office as soon as possible.

During the last annexation, that brought about a lawsuit in which the town won; the citizens had a difficult time understanding that they were already receiving town amenities.

Alderman Aldridge directed staff to send letters to property owners that signed an agreement, asking them to sign a petition or the town will take further action. Alderman Aldridge asked that the agreements be registered as soon as possible adding that the general statutes needs to be researched and council be more informed on subdivision regulations.

Mr. Mehaffey agreed that the Town’s last intent is to cut someone’s sewer connection or to hinder a developer.

Other Business

Alderman Taylor expressed concerns over the headlines in the Enterprise Mountaineer Newspaper regarding the zoning of Campbell Creek and the Fisher property. People have the impression that Mr. Blyth can not develop a high-density subdivision.

Attorney Dickson will be meeting with Mr. Blyth’s attorney to discuss the issue.

Alderman Aldridge left the meeting at 4:40 p.m.

Council asked the Planning Director to come into the boardroom to answer questions regarding the pending lawsuit.

Mr. Byrd informed Council that the Planning Board approved the preliminary plat for thirty-eight lots in the Campbell Creek Subdivision. Mr. Byrd has e-mailed Attorney Dickson the timeline of happenings since the annexation of area 01-B.

Again, Alderman Taylor expressed her concerns over the confusion of the council, planning board members, citizens, and the developer.

Council discussed the required mailed notice misleading people because of the attached map showing Residential 3 as the proposed zoning. The Planning Board changed their recommendation after the notices were mailed from the Clerk’s Office.

There being no further business to discuss, the meeting adjourned at 6:45 p.m. on motion by Alderman DeMeola, seconded by Alderman Taylor.

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Mayor Jo Pinter

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Vickie Best, CMC

Town Clerk