Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

December 21, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Linda Taylor

Mark DeMeola

Phil Aldridge

Staff Present: Manager Bob Shepherd, Chief Scott Sutton, Planning Director Kevin Byrd, Finance Director Shayne Wheeler, Attorney Chuck Dickson and Town Clerk Vickie Best

Approximately twenty-five people attended.

Mr. Ring gave the invocation and led the audience in the pledge of allegiance.

Meeting Called to Order

Mayor Pinter called the meeting to order at 5:34 p.m. on Tuesday December 21, 2004 in the Town Hall Boardroom.

Audit Report Fiscal Year 2003/04 Presentation By Will Neeremer of Dixon/ Hughes Certified Public Accountants/ Advisors

Mr. Neeremer thanked Ms. Wheeler for her assistance in the audit process and commended her on being awarded a Certificate of Achievement for Excellence in Financial Reporting. The certificate is a national award, recognizing conformance with the highest standards for preparation of a state and local government financial report.

There was an increase in the Fund Balance. The proceeds from the ABC Store are designated as capital improvements. The tax collection rate is in line with prior years, while high when compared throughout the state. Common among small towns with small staffs is segregation of duties. The Town has incorporated several techniques to help segregate duties but with limited resources, little can be accomplished.

There were no questions from council. Mr. Neeremer thanked the board for the opportunity to serve the Town of Maggie Valley.

Consent Agenda

Minutes: October 19, 2004

October 20, 2004

November 1, 2004

November 2, 2004

Resolution No. 04-24 Endorsing the North Carolina Products and Services Exposition Center

December Tax Release

Resolution 04-25 Approving Banks for Investment Purposes only

RESOLUTION NO#04-24

A Resolution Endorsing the North Carolina Products

and Services Exposition Center

WHEREAS, the Town of Canton has developed a conceptual plan to showcase the

goods, services, and products of the State of North Carolina; and,

WHEREAS, this proposed facility will introduce and expose visitors to and products of the

State to a wide variety of the assets and information about North Carolina; and,

WHEREAS, the proposed location is advantageously positioned to provide easy access to

“locals” and “capture” the attention of visitors to the State; and,

WHEREAS, tourism, agriculture, education, as well as manufactured goods and products

will receive maximum exposure; and,

WHEREAS, the Town of Maggie Valley recognizes the potential benefits to the economy of

Haywood County, North Carolina, and the State as a whole; and,

THEREFORE BE IT RESOLVED by the Board of Aldermen of the Town of Maggie Valley that:

1. The North Carolina Products and Services Exposition Center project has

merit and potential benefits for all of North Carolina.

2. Goods, services, and products information about North Carolina will

Enlighten visitors about opportunities within the State.

3. The Town of Maggie Valley endorses and supports the Town of Canton in

Canton pursuing this opportunity.

Passed in open session this the 21 Day of DECEMBER 2004.

Resolution NO. 04-25

RESOLUTIONS OF GOVERNING

BOARD OF THE TOWN OF MAGGIE VALLEY

The Governing Board of Maggie Valley adopted the following resolutions as of the date set forth below:

WHEREAS, the Governing Board has approved a Custodial Agreement among the Finance Officer of Town of Maggie Valley, Finistar, Inc. (“Finistar”), and Gateway Bank & Trust Company, 1145 North Road Street, Elizabeth City, North Carolina 27909-3334 (“Fiscal Agent”); and,

WHEREAS, the Finance Officer has been authorized and directed by the Governing Board to deposit funds of the Town of Maggie Valley in a custodial account at Fiscal Agent for disbursement and deposit in North Carolina financial institutions, the deposits of which are insured by funds of the Federal Deposit Insurance Corporation (“FDIC”) and which are Participating Banks (as defined in the Custodial Agreement), as provided in the Custodial Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Fiscal Agent, a North Carolina chartered, commercial bank the deposits of which are insured by funds of the FDIC, be and hereby is designated as an official depository of the Town of Maggie Valley; and,

BE IT FURTHER RESOLVED, that each Participating Bank, the name and address of which is listed on Attachment “A”, be and hereby is designated as an official depository of the Town of Maggie Valley, such List being deemed incorporated by reference into this Resolution for the purpose of making deposits in accordance with this agreement with Finistar, Inc.; and

BE IT FURTHER RESOLVED, that the Finance Officer shall report the Fiscal Agent and each Participating Bank on the List as required by GS 159-33 and 20 NCAC 7.

The foregoing Resolutions were adopted and approved by the Governing Board as of the 21 day of December 2004.

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

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Request for Approval of Sewer Plan for Maggie Valley Resort: Mike Toohey

Mr. Johnny Johnson, Ray Hobbs, and Mike Toohey addressed council explaining that the Maggie Valley Resort is requesting a variance to the sewer use ordinance. A portion of the sewer plan does not call for eight (8”) inch lines. The Resort desires the town to take over maintenance of the collection system. The expansion of the Resort is contingent on sewer approval. The expansion will have 300 additional units (200 multi-family units 100 single-family units). The topography of the area is steep and rocky making the installation of 8-inch sewer lines impractical. After further research, economics may dictate septic tanks.

The proposed system:

• There will be clean outs at every bend.
• The town will only be treating effluent
• The cost is 40%-50% less than the installation of conventional gravity sewer.
• The system has been approve by EPA
• This type of system has been used for about 1,000 parcels to date.
• The lower 2/3’s of the project will have conventional sewer
• The six (6”) inch lines will carry effluent only.
• The lines will be positioned in such a manner as to allow the town to expand the sewer system
• There is no pressure on the sewer pipes
• The normal pump out procedure for the solid treatment system is approximately every five years
• Special bacteria will be used especially for part-time residents
• The tanks are air tight – sealed to keep water out

Mr. Mehaffey felt comfortable with the request; clarifying that the town would never take over the maintenance of the private lines. The topography of the area will dictate more and more need for similar systems.

Council asked Mr. Ring for his thoughts. Mr. Ring gave his approval.

Planning Director Kevin Byrd gave a positive recommendation.

ALDERMAN TAYLOR MADE A MOTION TO GRANT THE VARIANCE TO ALLOW THE SYSTEM, LOOK AT THE SITUATION LATER AND POSSIBLY AMEND THE SEWER USE ORDINANCE, THE SYSTEM MUST HAVE APPROVAL THROUGH MCGILL ASSOCIATES FOR SINGLE FAMILY HOMES, PUBIC WORKS DIRECTOR MIKE MEHAFFEY MUST APPROVE THE LINES AS WELL.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

ALDERMAN TAYLOR MADE A MOTION TO EXCUSE ALDERMAN ALDRIDGE AT 6:35 P.M.,

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

Approval of Hazard Mitigation Plan

Mr. Byrd addressed council explaining the plan and highlighting the areas of interest.

• The plan started in March 2003 with the State and Federal Governments requirements.
• The National Flood Insurance Program provides discounts when guidelines are met.
• The plan is designed to protect life, health, and welfare of the people.
• There are requirements that will force the town to invest funds to meet guidelines although there are grants available to assist.
• Conducting awareness programs are required (educate people)
• The town will be required to provide: Flood Plain Elevation Certificates

Storm Water Management Plan

Comprehensive Sedimentation and Erosion Control Plan

Identify hazard or potentially hazard roads of concern.

Limit development on slopes greater than 20%

• During Severe Winter: Establishment of communication procedures and locate special population

Alderman Taylor directed Mr. Byrd to write NCDOT inquiring why the slide on Rich Cove Road has not been fixed.

Chief Sutton responded that the clean up is an expensive project for NCDOT and they are seeking funds from FEMA.

Alderman Taylor’s concerns involved hazard disclosures. Flood plains, watersheds, etc are noted on deeds.

Mr. Ring spoke from the audience stating that a public hearing should be conducted prior to adopting such a plan. Mr. Ring felt it wrong not to include the public.

Chief Sutton responded that there have been many public hearings throughout the county in the last two years. There have been two public hearings at Maggie Valley Town Hall. Grant funding was provided so Maggie Valley, Canton, and Waynesville joined the county to produce and adopt one plan. Chief Sutton felt the biggest issue was storm- water- run -off and how to address the problem.

The Planning Board has approved the plan.

The Town is required to approve the plan.

ALDERMAN DEMEOLA MADE A MOTION TO APPROVE THE HAZARD MITIGATION PLAN.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED.

Appointment of Parks & Recreation Board Members

ABC Board Member Appointment

Council will conduct interviews January 4, 2004.

Police Report

• The DCI terminal is up and running.
• The Christmas Parade went well with no incidents
• The Maggie Valley Police Department was awarded plaques from the Towns of Clyde and Canton, and Governor Easley for their assistance during the floods.
• The Maggie Valley Police Department validated and donated to the following agencies under requirements set forth in the General Statues pertaining to ABC funds.

TABOO $1,500

DARE $2,000

TEACH $1,500

A report from each agency is required explaining how the funds were used. A press release was submitted for publication.

Alderman Taylor questioned the donation to REACH and the connection to alcohol abuse. Alderman Taylor asked that agencies be reviewed during the budget process.

• The Police Department received a block grant for miscellaneous equipment for $6,980.67 with a $700 match from the town.

Alderman Taylor questioned how the town paid for overtime during the flooding.

The Towns of Canton and Clyde have reimbursed the town through FEMA funds.

Set Date for Manager Interviews

Interviews will be conducted January 14, 2005.

Set Date for Board Retreat

The Board of Aldermen will have a retreat on January 4, 2005 from 10:00 a.m. until 3:00 p.m. at Alderman Taylor’s rental home called Chestnut Lodge located behind the under construction maintenance facility.

Appointment to Vacant Alderman Seat

The following candidates were interviewed: James Hannan

Billy Case

Roger McElroy

Saralyn Price

Mr. Roger McElroy is the selected candidate to fill the vacant seat.

Appointment to Planning

The following candidates were interviewed: Billy Brede

Candace Way

Connie Dennis

Brenda O’Keefe

Mr. Billy Brede is the selected candidate to sit on the planning board.

ALDERMAN TAYLOR MADE A MOTION TO GO INTO EXECUTIVE SESSION UNDER THE ATTORNEY –CLIENT PRIVILEGE.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

Council entered closed session at 7:37 taking a break from 7:38 until 7:45 p.m.

ON MOTION BY ALDERMAN DEMEOLA, SECONDED BY ALDERMAN TAYLOR, COUNCIL CAME OUT OF EXECUTIVE SESSION AT 9:10 P.M.

ALDERMAN DEMEOLA MADE A MOTION TO DIRECT THE TOWN CLERK TO PREPARE NOTICE FOR ANOTHER PUBLIC HEARING ON THE ZONING OF AREA 01-B.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED.

ALDERMAN DEMEOLA MADE A MOTION TO ADJOURN THE MEETING AT 9:14 P.M.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED.

_______________________________

Jo Pinter, Mayor

______________________________

Vickie Best, CMC Town Clerk