Town of Maggie
Valley
Regularly
Scheduled Board of Aldermen Meeting
January 4, 2005
MINUTES
Members Present: Mayor
Jo Pinter Aldermen: Linda Taylor
Mark
DeMeola
Members Absent: Alderman
Phil Aldridge
Staff
Present: Manager
Bob Shepherd, Attorney Chuck Dickson, Planning Director Kevin Byrd, Public
Works Director Mike Mehaffey, Police Chief Scott Sutton and Town Clerk Vickie
Best
Approximately 30 people in attendance
Meeting Called to Order
Manager Shepherd gave the invocation and led the audience in the pledge of allegiance.
Mayor Pinter called the meeting to order at 1:35 p.m. in the Town Hall Boardroom on Tuesday January 4, 2005.
Pertaining to the zoning of area 01-B, Larry Wright spoke from the floor questioning if there was a conflict of interest with several board members due to their interest in real estate and construction.
Attorney Dickson explained that conflict of interest is when a public official’s relationship to matters of private interest or personal gain and which prohibits participation in the discussion under decision.
Council has discussed this issue in the past and determined that there is not a conflict of interest. Council members have no financial interest in area 01-B.
Administer Oath of Office
The Town Clerk administered the oath of office to Mr. Roger McElroy to serve as a council member.
Consent Agenda
Approval or Correction of Minutes: November 15. 2004
November 16, 2004
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE THE CONSENT AS PRESENTED.
ALDERMAN TAYLOR
SECONDED THE MOTION.
MOTION CARRIED.
ABC Board Appointment
Council received two applications for the vacant ABC Board member seat. While both applicants have a long and respected history with the ABC store, Mr. McCrary is closely involved with the ABC Store expansion project currently underway. Mr. McCrary informed council that the ABC Board is ready to go to contract with the expansion project.
MR. MCELROY MADE A
MOTION TO RE-APPOINT MR. SAM MCCRARY TO THE ABC STORE.
ALDERMAN TAYLOR
SECONDED THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
Planning Board Appointment
Alderman McElroy stated that Ms. Brenda O’Keefe has a productive history and a great knowledge with the planning board in years past. Ms. O’Keefe is a dedicated citizen that works hard for the betterment of the town and has good contacts both with county people and state people.
ALDERMAN MCELROY
MADE A MOTION TO APPOINT MS O’KEEFE TO THE PLANNING BOARD.
MR. DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Close Session
COUNCIL MEMBER TAYLOR
MADE A MOTION TO ENTER CLOSE SESSION FOR THE PURPOSE OF DISCUSSION POSSIBLE
LITIGATION.
ALDERMAN MCELROY
SECONDED THE MOTION.
MOTION CARRIED.
Council entered close session at 1:55 p.m.
ALDERMAN DEMEOLA
MADE A MOTION TO COME OUT OF CLOSE SESSION AT 2:36 P.M.
ALDERMAN MCELROY
SECONDED THE MOTION.
MOTION CARRIED.
Council came out of close session at 2:36 p.m.
ALDERMAN MCELROY
MADE THE FOLLOWING MOTION: TO ENSURE THAT ALL PARTIES HAVE BEEN GIVEN ADEQUATE
NOTICE, AND BASED ON LEGAL ADVICE A PUBLIC HEARING FOR THE ZONING OF AREA 01-B
WILL BE HELD FEBRUARY 15 AT 5:30 P.M.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Mr. Carroll Avera questioned council on their intent; is this a new issue, a vested interest, or a technical issue?
Attorney Dickson assured the audience that council was working diligently for the best of the town and the town’s future. The need for another public hearing is based on an alleged technicality.
Several Campbell Creek property owners questioned if they should hire an attorney.
Attorney Dickson informed the addressees that it certainly is their right to seek legal council but it should be based on personal interest rather than town interest.
ALDERMAN DEMEOLA
MADE A MOTION TO ADJOURN AT 2:45 P.M.
ALDERMAN MCELROY
SECONDED THE MOTION.
MOTION CARRIED.
__________________________________
Jo Pinter, Mayor
__________________________________
Vickie Best, CMC Town Clerk