TOWN OF MAGGIE VALLEY
REGULARLY SCHEDULED BOARD OF ALDERMEN MEETING
FEBRUARY 21, 2006
MINUTES
Members Present: Mayor Jo Pinter Aldermen: Saralyn Price
Phil Aldridge
Roger McElroy
Mark DeMeola
Staff Present: Manager Tim Barth, Attorney Chuck Dickson, Chief Scott Sutton, Public Works Director Mike Mehaffey, Planning Director Nathan Clark, and Town Clerk Vickie Best
Others Present: Approximately 30 people in attendance
Meeting Called to Order
Mayor Pinter called the meeting to order at 5:36 p.m. in the Town Hall Boardroom.
Consent Agenda
Mayor Pinter asked that item c be removed until more research is completed. Item C: Call for a public hearing in regard to amending the zoning ordinance in regard to political signs.
A public hearing for item d: regulating cell towers will be scheduled for March 21, 2006 at 6:30 p.m.
ALDERMAN MCELROY MADE A MOTION TO APPROVE THE CONSENT AGENDA AFTER REMOVING ITEM C AND SCHEDULING THE PUBLIC HEARING FOR ITEM D.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on Annexation of James & Lori Pike, #7 Club West Ridge Parcel #7696-48-8895, (0.7814 acres) Consideration of Ordinance No. 441 Annex Lot #7 Club West Ridge
Mayor Pinter opened the public hearing at 6:39 p.m. for comment. There were no comments from the floor. The public hearing closed at 6:40 p.m.
ALDERMAN PRICE MADE A MOTION TO APPROVE THE ANNEXATION.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on Annexation of Premier Property Development Co., 86 Williams Way, Parcel# 7697-50-4995, (0.59 acres) Consideration of Ordinance No. 442 to annex 86 Williams Way
Mayor Pinter opened the public hearing at 6:43 p.m. There were no comments from the floor. Alderman DeMeola assured the audience that the Town Council is now going to visit each property before taking action on any annexations. Mayor Pinter closed the hearing at 6:45 p.m.
ALDERMAN MCELROY MADE A MOTION TO ANNEX THE PROPERTY AS PETITIONED.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on Annexation of Fireside Mountain Properties, Loveland Drive Parcel #7697-21-1670, (0.5073 acres) Consideration of Ordinance No. 443 to annex.
Mayor Pinter opened the hearing at 6:49 p.m. There were no comments from the floor. Mayor Pinter closed the hearing at 6:50 p.m.
Alderman DeMeola had concerns about the Town’s exposure to liability due to the substandard roads. A portion of the subdivision has been annexed.
Manager Barth informed Council that the roads are narrow without guard rails. The police and public works vehicles can maneuver in the area; but snow and ice removal will not be provided due to the slope of the roads. The Town will not endanger employees in areas that are impassable during inclement weather.
Mr. Mehaffey, the Pubic Works Director, explained that there are other areas currently inside the corporate limits where the Town does not do street maintenance for the same reasons; the roads are unsafe and often can not be brought up to Town Standards due to slope and/or lack of right-of-way.
ALDERMAN PRICE MADE A MOTION TO TABLE THE ANNEXATION.
Alderman McElroy asked that the fire department look at the area for access in the event of an emergency.
MOTION CARRIED BY UNANIMOUS VOTE.
Public Hearing on Annexation of Osvaldo & Maria Dreispiel, Lot #113 Ladderback Ridge, Brannon Forest, Parcel #7697-65-6781. (0.366 acres). Consideration of Ordinance No. 444 to annex.
Mayor Pinter opened the hearing at 7:04 p.m. Mr. Ron Rookstool of 205 Williams Way questioned if the property owner volunteered to be annexed.
Ms. Brenda O’Keefe addressed Council explaining that the people in the audience did not understand that these people came and petitioned the Town to be annexed.
Mayor Pinter closed the hearing at 7:06 p.m.
ALDERMAN DEMEOLA MADE A MOTION TO ANNEX THE PARCEL IN BRANNON FOREST.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on Zoning of Maggie Valley Resort, including Parcels #7697-61-7398, 7697-50-0226, 7697-50-3560, 7697-52-1443, 7696-59-2828 Consideration of Ordinance No. 445 to Zone Maggie Valley Resort R-2.
Mayor Pinter opened the hearing at 7:08 p.m.
Elizabeth Barkley of 671 Country Club Drive questioned the difference between R-1 and R-2 zoning. Manager Barth explained that R-1 requires a minimum lot size of 14000 square feet while R-2 allows 11000 square foot parcels. R-2 also allows multifamily homes.
Mr. Melanson of 236 Laurel Ridge Road questioned when the Country Club project would be completed. He has worn out four sets of tires and mailboxes have been torn down due to having to travel Country Club Dr.
Mr. Daniel Ferris of 220 Golf View Drive questioned why the zoning was changing when in the beginning it was zoned all single-family homes.
Manager Barth explained that from the inception, the plan has included a mixture of single-family homes and condominiums. The Planning Board wanted to zone the entire area as one zone. The project was deemed a Planned Unit Development making R-2 zoning the lowest common denominator.
Mr. Tooey, the project manager, stated that after meeting with the Planning Board and the Board or Aldermen, the Maggie Valley Club Investors annexed other properties and reduced the density by not increasing the units. Residential 2 zoning is considered a “fall back” mechanism in the event the Club does not complete the project. Mr. Tooey informed the audience that he would be happy to meet with anyone wanting to discuss the roads surrounding the project. The covenant will prohibit subdividing any of the parcels.
Mr. Richard Cooper, of 9 Golf View Drive, stressed his concerns about the plan changing and the project being under construction for a year before the Town begins zoning.
The Town would have been premature in rezoning the original area before taking into consideration the entire properties that were being developed. The other areas were in Haywood County where there is no zoning.
Brenda O’Keefe again informed the pubic that Mr. Tooey has been coming before the Planning Board for over a year. He has had to submit and then revise plans several times. The zoning of the project is not happening without the ground work being laid out for the past year.
Mayor Pinter closed the hearing at 7:42 p.m.
Alderman McElroy commended the Planning Board members for the many hours they have put into the Club project over the past year.
See Attachments: 1, 2, 3
ALDERMAN MCELROY MADE A MOTION TO ZONE THE MAGGIE VALLEY COUNTRY CLUB PROPERTIES RESIDENTIAL 2.
Alderman Aldridge also had reservation about the time delay for zoning. Alderman Aldridge asked that a timeframe be established for zoning a property once it is annexed.
MOTION CARRIED UNANIMOUSLY.
Council took a break from 7:45 until 7:58 p.m.
Public Hearing on Amending the Town Charter so the Mayor votes only in the Event of a Tie.
Mayor Pinter opened the hearing at 7:59 p.m.
There were no comments from the floor.
Mayor Pinter closed the hearing at 8:00 p.m.
Council will take action at the March 7, 2006 meeting.
Consideration of Declaring a 2000 Ford Crown Victoria Surplus Equipment so that it can be sold.
Under State Contract, Police Vehicles can be purchased cheaper than the cost of maintenance.
Alderman Aldridge asked that items for surplus be better identified in the agenda packet.
ALDERMAN ALDRIDGE MADE A MOTION TO DECLARE THE VEHICLE SURPLUS.
MOTION CARRIED UNANIMOUSLY.
Consideration of a Request from Cecil Patton for a Donation.
The Town contributed $135 last year to advertise in a magazine supporting the World War II veterans.
ALDERMAN ALDRIDGE MADE A MOTION TO DONATE $135.
MOTION CARRIED UNANIMOUSLY.
Budget Amendments
Alderman Aldridge asked to have the numbers for revenues and expenses at the next Council meeting.
ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE THE BUDGET AMENDMENTS.
MOTION CARRIED UNANIMOUSLY.
Manager’s Report
Manager Barth will provide a copy of all expenses to lower the ceilings and install new heating at the next meeting.
Councilman Price, DeMeola and Manager Barth attended the Essentials of Municipal Government classes and found them very beneficial.
The Maggie Valley Chamber and Haywood County Chamber of Commerce will conduct a workshop on partnering the two Chambers on March 1, 2006 at 9:00 a.m. at the Kern’s Youth Center at Lake Junaluska. All five Council Members agreed to attend.
Mayor Pinter and Manager Barth met with EDC Director Mark Clasby. The EDC may participate in helping to fund the Buxton Company study for Maggie Valley. The Buxton Company’s work to date has been remarkable for the Town of Sylva. Manager Barth spoke with the Manager of the Town of Morganton and they are very excited about receiving the report.
The Town has a number of projects underway. In an effort to inform Council about the projects, a workshop is needed.
Council scheduled a workshop for March 6, 2006 from 9:00 a.m. until 1:00 p.m. No action will be taken at the workshop.
Alderman McElroy, Maggie Valley’s Representative on the Haywood County Recreation Committee will be voting to select the firm to develop a recreation plan for all of Haywood County. The cost for the plan will be between $14,000 and $20,000. Maggie Valley’s part of the cost will be approximately 9%. If Maggie Valley desires, the firm would be willing to include extra work for Maggie Valley if the Town pays the additional cost.
Alderman McElroy previously reviewed the engineering soil report for the proposed Police Department location. The engineers drilled down 30 feet. At the upper corner they hit rock at 9 feet but no water was found. The rock could have been a boulder. The engineers should have drilled a couple of more holes to make a better determination.
Public Comment
Lyndia Massey questioned the status of the Ghost Town sale. The Town has no more information than what has been written in newspaper.
Mr. Mehaffey reported that the required 10% sewer line cleaning has begun for the year.
Mr. Dan Masssy asked that the Town consider hiring a professional to follow through with the Buxton Company’s Report so that this report “will not be shelved”.
ON MOTION OF ALDERMAN ALDRIDGE MADE A MOTION TO ADJOURN AT 8:46 P.M.
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Mayor Jo Pinter
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Vickie Best, CMC, Town Clerk