Town of Maggie
Valley
Regularly
Scheduled Board of Aldermen Meeting
February 1, 2005
MINUTES
Members Present: Mayor Jo Pinter Aldermen: Linda Taylor
Phil Aldridge
Roger McElroy
Mark DeMeola
Staff Present: Attorney Chuck Dickson, Chief Scott Sutton, Public Works Director Mike Mehaffey, and Town Clerk Vickie Best
Others Present: Approximately 25 people
Meeting
Called to Order
Mayor Pinter called the meeting to order at 1:35 p.m. in the Town Hall Boardroom.
Closed
Session
ALDERMAN
ALDRIDGE MADE A MOTION TO GO INTO CLOSED SESSION
FOR THE
PURPOSE OF DISCUSSING THE LAWSUIT BY THE GRACE C FISHER LIMITED PARTNERSHIP.
ALDERMAN DEMEOLA SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Council went
into closed session at 1:38 p.m.
ALDERMAN
ALDRIDGE MADE A MOTION TO COME OUT OF CLOSED SESSION AT 2:22 P.M.
ALDERMAN TAYLOR SECONDED THE MOTION.
MOTION CARRIED.
Public
Comment
Mr. Dale Walksler, owner of Wheels Through Time museum, addressed council requesting relief on the $6,000 sewer tap /user fees. Mr. Walksler discussed the benefits the town businesses receive by the museum being located in Maggie Valley. The museum operates as a non-profit with Mr. Walksler personally making the mortgage payment with limited funds coming from tourism.
Mayor Pinter asked that Mr. Walksler put his request in writing to bring before the council at the next board meeting.
Consent
Agenda: Audit
Report Approval: presented 12/21/05
Dec/Jan
Tax Release
ALDERMAN
MCELROY MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.
ALDERMAN TAYLOR SECONDED THE MOTION.
MOTION CARRIED.
2005
Convention Book of American Veterans
Mr. Cecil Patton addressed Council requesting a donation by placing an ad in the 2005 convention book. The money raised remains in Haywood County where there are over 2000 disabled veterans.
ALDERMAN MCELROY
MADE A MOTION TO DONATE $100 SELECTING THE LONG NARROW PICTURE AD.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
AGENDA SETTING MEETING FOR THE FIRST TUESDAY: PUBLIC
COMMENT GUIDELINES
Council discussed and approved the first Tuesday of each month as an agenda-setting meeting contingent on the Manager drafting a format applicable to Maggie Valley to include wording as follows:
:Requiring anyone asking to be on the agenda to meet with the Manager prior to coming before council.
:The Mayor has the discretion to add to the agenda after the deadline date of Thursday at noon prior to the Tuesday meeting date.
Police Report
A report was included in the agenda packet for council review.
Planning Director’s Report
One regular member and two alternate members are needed to serve on the Zoning Board of Adjustment. After a brief discussion it was decided that, each council member would stop by town hall to review the tax scroll and select a couple of citizens to contact about serving. It is important that the proposed members understand that training is available.
Zoning Board Chairman Ring will e-mail copies of the tax scroll edited to provide eligible residents to serve on both the Planning Board and Zoning Board of Adjustment to the board members.
The application to serve will be placed on the Town’s website to make applying for the vacant positions an easier process.
Chairman Ring also informed Council that the Zoning Board of Adjustment will review and possibly request an increase in fees i.e. variance request, rezoning request, etc.
Manager Shepherd and Planning Director Kevin Byrd will develop a positive press release regarding Maggie Valley’s government.
Planning Review Bodies for Subdivisions and Planned
Unit Developments
Mr. Byrd addressed Council referring to some items that need to be addressed.
“Given recent and/or potential land
development activities in the Town of Maggie Valley, a review of our procedures
for subdivision and Planned Unit Developments (PUD) became imperative. Two items of concern are being brought
forth. First, the process for
reviewing PUDs is not clearly established in our ordinances. Second, the ETJ ordinance (Ord #279)
states the Zoning Board of Adjustment shall review all subdivision of land in
the Town's ETJ, this conflicts with the Subdivision Ordinance.
To
address the first item, review bodies for PUDs, I submitted a question to the
NC Planners listserv to determine common practice of review for jurisdictions
with both a Planning Board and Zoning Board of Adjustment. I determined there are three methods
commonly executed.
1) When a Board of Aldermen grant
Special Exceptions and approve subdivisions, the Planning Board and Zoning
Board offer recommendations towards approval/denial. 2) Some Planning Boards do all subdivision approval and
special use permits while the Zoning Board only hears cases of variances and
appeals. This is quickly becoming
the most common organization of duties as ordinances are rewritten and updated
since the function of both Planning Boards and Zoning Boards are evolving. This would require the Town to perform
an ordinance re-write. 3) The most
common corrective method solicited to me via the listserv is to have our
Planning Board offer a recommendation to the Zoning Board of Adjustment. Upon review of our ordinance, this
appears to be the method implied, however, not explicitly carried out. Below is an excerpt from the Zoning
Ordinance.
Ord. #265 Zoning- Page 50
(3) The Board of Adjustment shall request the Maggie Valley Planning
Board to review and make recommendations concerning the special exceptions
relative to the following considerations:
(a) Relation of the special exception to applicable elements of the
planning program.
(b)
Appearance of the special exception relative to location, structure and design.
Since
a PUD requires a special exception approval only granted by the Zoning Board,
they have the final approval.
However, items (a) and (b) above lead one to believe the Planning Board
does have a role in the process.
It
is the staff recommendation that the Town formalize the PUD review process in
the manner of an ordinance amendment to direct PUD applicants to submit plans
for Planning Board review therefore gaining a recommendation to the Zoning
Board. This proposed method does
not remove power from either board; rather it ensures best management practice
by involving both boards and safeguards the Town's development standards.
For
the second item, currently a discrepancy exists between the ETJ ordinance and
the Subdivision Ordinance (Ord #208). The Town's ETJ ordinance clearly
specifies the Zoning Board as the review body for subdivision of land in the
ETJ, while the Subdivision Ordinance makes no mention of the Zoning Board. Below is the excerpt from the ETJ
ordinance that grants subdivision review authority to the Zoning Board.
Ord. #279
Extraterritorial Jurisdiction (ETJ)- Page 3
Duties as to subdivisions.
(a) The Board of Adjustment shall review from time to time the existing regulations for the control of land subdivision in the area and submit to the Board of Aldermen its recommendations, if any, for the revision of such regulations.
(b) The Board of Adjustment shall be the review authority for all proposed plats of land subdivision.
It is the staff recommendation to amend the ETJ ordinance to grant the power of subdivision approval to the Planning Board paralleling the Subdivision Ordinance. A minor ordinance amendment is necessary to change the titles of review boards and shift the above insert underneath the duties of the Planning Board.
While performing this thorough review of the Town ordinances and after being very well acquainted with them over the past seven months of employment, I would like to plant a seed of thought for the Board of Aldermen. I recommend you consider contracting the services of an outside agency to perform an ordinance re-write. During the course of my research on this issue I reviewed several ordinances from comparable communities in North Carolina and I found our ordinances to be inadequate at many levels.
Items of concern towards our current ordinances (condensed list):
1-We have many amendments which need to be formally incorporated
2- The procedures and duties for boards and staff is lacking clarity. This
often leads to uncomfortable territory when permitting and enforcing ordinances.
3- The Town has immediate needs to address safe development by adopting new ordinances, however, it is difficult to start new programs while current programs such as subdivision and zoning have significant faults in the antiquated guiding documents.
I understand this is a significant undertaking, but for the Town to move forward under the current development pressures this is the path that would lead to harmonious business. Ultimately it can ensure the health, safety, and welfare of the citizens and provide an efficient means for the development community to do business, all the while limiting the liability of staff, elected and appointed officials.
Chairman Ring disagreed, stating that Ordinance number 279 clearly defines the duties although agreeing that the “code book” needs to be redone. Chairman Ring also questioned how objective a board would be that wrote the rules. “Keep control separated to keep fairness.”
Alderman Taylor directed Mr. Byrd to get the cost of codifying the ordinances.
Mr. Otis Sizemore spoke from the floor requesting Council to consider expanding the ETJ area and put more stringent controls in place especially in light of the expansion of the Country Club or there will be a “hodge-podge” of development when Maggie Valley annexes.
Alderman McElroy concurred.
After further discussion, it was determined that a workshop between all boards discussed should be scheduled.
ALDERMAN TAYLOR
MADE A MOTION TO SCHEDULE A WORKSHOP WITH THE PLANNING BOARD AND THE ZONING
BOARD OF ADJUSTMENT AND BOARD OF ALDERMEN FOR TUESDAY FEBRUARY 8, 2005 AT 1:30
P.M.
ALDERMAN MCELROY
SECONDED THE MOTION.
MOTION CARRIED.
Request to rent Festival Grounds over July 4th
Weekend for a Rodeo
Mr. Doug Sanford addressed Council explaining that he would need the grounds for Friday and Saturday only. The clean up would be completed on Sunday.
Jarred Bullock with the Chamber of Commerce voiced his concerns about the craft show being held the following weekend after a rodeo has been on the grounds.
Council directed Mr. Bullock and Mr. Mehaffey to talk and be prepared to make recommendation to Mr. Sanford on February 8th as previously scheduled.
2% Tax Discount if Taxes are Paid Prior to August 31st
pros/ cons
Since the 2% discount was enacted (1999), the town has received the tax scroll from the county in time to offer the discount one year. During the revaluation year, Maggie Valley did not receive the tax scroll until November.
Ms. Wheeler, the Finance Director, provided council with a list of advantages and disadvantages.
Alderman Taylor felt the discount was a benefit to people and business owners especially in light of the decrease in tourism.
After further discussion, the following motion was made.
ALDERMAN ALDRIDGE MADE
A MOTION TO DISCONTINUE THE 2% DISCOUNT ON TAXES.
ALDERMAN MCELROY
VOTED AFFIRMATIVE
ALDERMAN DEMEOLA
VOTED AFFIRMATIVE
ALDERMAN TAYLOR
OPPOSED.
MAYOR PINTER VOTED
AFFIRMATIVE.
MOTION CARRIED BY
MAJORITY.
Financing Festival Ground Fence and Sign
There are three lease purchase agreements that have not been completed with BB&T.
Fence at Festival Grounds $18,000
Sign at Festival Grounds $40,000
Public Works Facility $45,000
Council asked the previous manager to investigate financing options and report his findings for further discussion. Due to the manager leaving for another position, the request was not met.
ALDERMAN MCELROY
MADE A MOTION TO FINANCE THE FENCE AND SIGN FROM THE GENERAL FUND AND THE
MAINTENANCE FACILITY FROM THE ENTERPRISE FUND.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Alderman Aldridge asked that the gate on the decorative fence be repaired.
Mr. Mehaffey was directed to fix the fence.
Audit RFP’s
Council previously expressed interest in going out for bids for the yearly audit. After reading the guidelines for an audit RFP, Council was satisfied that Dixon Hughes PLLC was providing exemplary service.
Retreat Summary
Alderman Aldridge felt that another retreat was needed, adding that another retreat should be scheduled within 30 days of hiring a Town Manager. Alderman Aldridge also felt Ms. Vickie Green of Region A should facilitate.
Alderman Aldridge also asked that upcoming events be placed on the festival grounds sign with graphics incorporated to provide more creativity.
ALDERMAN DEMEOLA
MADE A MOTION TO GO INTO CLOSED SESSION FOR THE PURPOSE OF DISCUSSING
PERSONNEL.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Council entered closed session at 4:35 p.m.
ALDERMAN TAYLOR
MADE A MOTION TO COME OUT OF CLOSED SESSION AT 5:30 P.M.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
ALDERMAN TAYLOR
MADE A MOTION TO RECESS THE MEETING UNTIL FEBRUARY 8, 2005 AT 1:30 P.M.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
_____________________________________________
Mayor Jo Pinter
_______________________________________________
Vickie Best, CMC
Town Clerk