Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

March 15, 2005

MINUTES

 

 

Members Present:       Mayor Jo Pinter         Aldermen:       Linda Taylor  

                                                                                                Roger McElroy

                                                                                                Mark DeMeola

                                                                                                Phil Aldridge

Staff Present:              Manager Bob Shepherd, Chief Scott Sutton, Attorney Chuck Dickson, and Town Clerk Vickie Best

Others Present:           Approximately 25 people

 

 

Meeting Called to Order

Mayor Pinter called the meeting to order at 5:35 p.m. on Tuesday March 15, 2005 in the Town Hall Boardroom. Manager Shepherd gave the invocation and led the audience in the Pledge of Allegiance.  

 

 

Public Comments

There were no comments from the floor.

 

 

Consent Agenda

Minutes                      December 15, 2004

                                    December 21, 2004

                                    January 4, 2005

                                    <March Tax Releases

                                    <Appoint Manager Tax Collector

                                    <Creek Wood Village Sign

<Resolution 05-4 allowing the Maggie Valley ABC Store to retain working capital in accordance with NC laws.

                                    <Resolution 05-8 NC Governor’s Highway Safety Program Grant

                                    <Resolution 05-6 Petition for Annexation Maggie Valley Resort 

 

 

ALDERMAN TAYLOR MADE A MOTION TO REMOVE CREEK WOOD VILLAGE SIGN FROM THE CONSENT AGENDA BECAUSE THE SIZE IS NOT THE SAME AS DISCUSSED.

ALDERMAN MCELROY SECONDED THE MOTION.

ALDERMAN DEMEOLA OPPOSED.

MOTION CARRIED BY MAJORITY.

 

ALDERMAN MCELROY MADE A MOTION TO ADOPT THE CONSENT AGENDA AS AMENDED.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

 

Children First: A Partnership of Communities for Better Schools: Presentation by Michael Sorrells and Steve Brown 

Mr. Brown gave a power point presentation showing the need for school expansion, renovations after the flooding, and as in the Bethel Community, a new school built.

 

The proposed school bond will not affect property taxes. The Haywood County school needs will be met through a ˝-cent sales tax increase.  The money will be earmarked for the school bond dept only.

 

The State has mandated the class size to twenty-five students putting more pressure on an already strained system.

 

Mr. Brown asked for Council support by adopting the following resolution.

 

 

RESOLUTION OF THE TOWN OF MAGGIE VALLEY ENDORSING SUPPORT FOR THE 2005 BOND REFERENDUM

 

 

WHEREAS, the Town of Maggie Valley fully recognizes the urgent needs of Haywood County School System, including the need for (1) repair and replacement of school facilities and equipment damaged by hurricane flooding, (2) construction, equipping and furnishing of a new elementary school to be known as Bethel Elementary School, (3) installation of electric wiring, windows and air conditioning equipment at Canton and Waynesville Middle Schools, (4) acquisition of land and construction and equipping of an addition to North Canton School, (5) construction and equipping of an addition to Riverbend Elementary School, (7) acquisition of land and construction and equipping of gymnasiums at Pisgah High School and Tuscola High School, and (8) acquisition of land and construction and equipping of baseball and softball fields at Pisgah High School and Canton Middle School, including for each project listed above, infrastructure improvements and the acquisition of land or right-of-way thereto, if necessary:

 

WHEREAS, the Town of Maggie Valley fully recognizes that the Haywood County Board of Education estimates that the cost of the foregoing needs is at least $25,000.00;

 

NOW, THEREFORE, BE IT RESOLVED, that the Town of Maggie Valley fully endorses the bond referendum in the amount of $25,000.000 for funding the capital needs of the Haywood County School System as stated above.

 

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE RESOLUTION IN SUPPORT.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

 

 

Creek Wood Village Sign

Ms. Michels explained the process of receiving a variance through the Zoning Board of Adjustments and then being required to get Council approval to place the directional sign in the Town owned Festival Grounds’ right-of-way.  The Zoning Board granted a variance for a twelve-foot sign.

 

Alderman Taylor stated that the letters were not to be larger than three-inches and the sign was to be rustic in nature.

 

 

ALDERMAN DEMEOLA MADE A MOTION TO AMEND THE SQUARE FOOTAGE TO THE SIZE MS. MICHELS’ IS PROPOSING.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

ALDERMAN MCELROY VOTED IN THE AFFIRMATIVE.

ALDERMAN TAYLOR OPPOSED.

MAYOR PINTER OPPOSED.

MOTION CARRIED BY MAJORITY.

 

 

Maggie Valley ABC Store Expansion

ABC Store Manager Jim Baity addressed Council requesting $140,000 for warehouse expansion. The warehouse expansion will provide a savings to the store because North Carolina law permits ABC Stores to purchase three to five items a month at a reduced price. The savings goes to profit if the alcohol is sold in a different month than purchased. There are safety issues because of stacking liquor boxes in limited space. The expansion would afford the opportunity to provide warehousing for a satellite store.

 

The bid process is complete.  Mr. Pat Burgin was awarded the contract (lowest bid).  Mr. Burgin built the original ABC Store.

 

The ABC Store released over $271,000 to the town within the last few months.

 

Mr. Jay Ring spoke from the audience opposing the bid process.  Mr. Ring, a local building contractor, was unaware of the expansion.

 

Mr. Baity will review the document and the bidding process for staff review; assuring council that State guidelines were met.

 

Alderman Taylor commented that Council had made a commitment to the taxpayers that all contractors would be notified of any bids.

 

 

ALDERMAN MCELROY MADE A MOTION TO PROVIDE THE REQUESTED FUNDS FOR THE ABC STORE EXPANSION CONTINGENT ON THE ABC STORE MEETING STATE GUIDELINES FOR BIDDING.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

 

 

The money came from alcohol money not tax dollars.

 

MOTION CARRIED UNANIMOUSLY.

 

 

Brannon Forest: Request for 25 Additional Sewer Taps: Greg Stephenson

Mr. Stephenson representing Brannon Forest LLC requested an additional 25 sewer taps for the next phase. Brannon Forest LLC will sign an annexation agreement for the properties.

 

It is not the Council’s desire to inhibit growth.

 

 

ALDERMAN MCELROY MADE A MOTION TO APPROVE THE REQUEST FOR 25 ADDITIONAL TAPS FOR THE SECOND PHASE.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED.

 

 

Request to Address the Board: Town Business: James Carver

Mr. James Carver addressed the board with the following concerns:

4It has taken Ms. Michels ten-months to get an answer on the directional sign.

4The Zoning Board Chairman was being degrading to town staff

4Mayor Pinter not defending the town employees.

4The entire zoning process in the Campbell Creek area with the insufficient notice, Mayor Pinter changing her vote from yes to opposing at the second public hearing, and Alderman Taylor and Mayor Pinter’s affiliation with Jim Blyth.

4Council’s lack of concern for Maggie Valley Citizens

4Otis Sizemore should have been ruled out of order when addressing town council about the Maggie Valley Volunteer Fire Department. The Town has nothing to do with the Fire Department operations and MVVFD did not make a request to the town.

4 The cost of having so many long meetings.  From 1974 until 2003 the town ran on one meeting a month that rarely lasted over two hours. Legal cost has increased.

4Anyone running for office should be required to attend government classes prior to becoming a candidate.

 

 

Wheel Through Time Sewer Impact/ Tap Fee: Dale Walksler  

Mr. Walksler asked that he be removed from the agenda until the next meeting.

 

 

Maggie Valley Craft Extravaganza: November 4-7: Maggie Valley Lodging Association

The Maggie Valley Lodging Association promotes the event. The association agreed to split the profits 50/50.

 

 

ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE THE EVENT.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

 

Festival Grounds: Direction on Fence, Privacy Barrier, Compartment Sink, and Ice Machine

Mr. Mehaffey asked for direction on moving the fence out of the right-of-way.  The bushes could be trimmed back to allow two cars to pass.

 

Alderman McElroy informed Council that Ms. Michels had been promised screening in front of Creek Wood Village.

 

It will cost little over $2,000 to relocate the fence.

 

Alderman Aldridge felt the cost to relocate the fence was excessive and was uncomfortable because of not knowing the original agreement with Ms. Michels.

 

Manager Shepherd felt there is little recourse with the fence being in the right-of-way other than moving the fence.  Alderman Taylor agreed adding that it could create some liability for the town.

 

The issue was tabled until the next meeting.

 

 

Budget Amendments

Explanation of Budget Amendments

 

Amendment 1 -   This amendment is appropriate money for the I&I Sewer Mapping project.  This portion is the Town’s match.

 

Amendment 2 – This amendment is to appropriate money to a new line for Sewer Banking Fees. This line item was created to track the amount we pay in banking fees

 

Amendment 3 – This amendment is to appropriate money to a new line for the General Fund Banking Fees.  This line item was created to track the amount we pay in banking fees.

 

Amendment 4 – This amendment is to appropriate money to the Separation Allowance line item.  This line item was not appropriated correctly at the beginning of the year.

 

Amendment 5 – This amendment is to appropriate money to the Medical Insurance line item in Public Safety.  This line item was not appropriated correctly at the beginning of the year.

 

Amendment 6 – This amendment is to appropriate money for the 2005 Police Vehicle.  This is to record the purchase of the vehicle.  (Resolution 04-22 Financing Police Vehicle)

 

Amendment 7 – This amendment is to transfer the funds appropriated for payments from Public Safety to Debt Service.

 

Amendment 8 – This amendment is to appropriate money for the DCI grant that we received.  This was a matching grant; we budgeted for the match at the beginning of the year.  This is for the grant money received.

 

Amendment 9 – This amendment is to appropriate money from the State Drug Forfeiture money to the General Fund.

 

Amendment 10 – This amendment is to appropriate revenue and expenditures for a Crime Control Grant that has been received.

 

Amendment 11 – This amendment is to appropriate more money to the K-9 Officer line item.

 

Department Heads and the Finance Officer were not consulted on line items that involved salary, wages, FICA, 401k, retirement or medical insurance.  These line items were prepared by the previous Town Manager.  In light of these findings, we expect to see several increases in the budget for the upcoming fiscal year. 

 

Ordinance 373 Sewer Fund

                                                                Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues            Appropriated Fund           $45,000              $21,000                 $66,000

                            Balance (04-00-3991)

                           

 

Appropriations   Professional Services        $10,000              $21,000                 $31,000                             

                             (04-72-4190)

 

Ordinance 374 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues             Crime Control Grant       $0.00                 $6,986                    $6,986

                             (05-00-3212)

                           

 

Appropriations    Crime Control Grant        $0.00                  $6,986                   $6,986                               

                             (05-43-4201)

Ordinance 375 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues             03 Ad Valorem Tax       $55,928              $4,566                   $60,494

                             (05-00-3212)

                           

 

Appropriations    DCI Terminal                 $ 4,000               $4,566                  $8,566                                

                             (05-43-4540)

 

Ordinance 376 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues             Sales Tax Refund            $0.00                 $1,350                   $1,350

                             (05-00-3328)

                           

 

Appropriations    Misc Supplies                 $ 4,000                $1,350                  $5,350                               

                             (05-43-4299)

Ordinance 377 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues            Investment Earnings        $3,000               $400                      $3,400

                             (05-00-3831)

                           

 

Appropriations   Banking Fees                   $0.00                  $400                     $   400                             

                             (05-40-4692)

 

 

Ordinance 378 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues             Sale of Fixed Assets        $5,000                $1,000                    $6,000

                             (05-00-3835)

                           

 

Appropriations    K-9 Officer                       $1,500                $1,000                   $2,500                               

                            (05-43-4359)

 

Ordinance 379 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues            2004 Ad Valorem Tax     $700,000            $17,945                 $717,945

                             (05-00-3213)

                           

 

Appropriations   Medical Insurance            $54,400              $17,945                $72,345                                

                             (05-43-4183)

Ordinance 380 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Appropriations    05 Ford Explorer             $0.00                 $3,550                   $3,550

                             (05-97-4756)

                           

 

Appropriations   Capital Outlay Vehicle  $ 28,500              ($3,550)                 $24,950                               

                             (05-43-4540)

 

Ordinance 381 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues            Proceeds from lease        $22,500            $22,500                  $45,000

                             (05-00-3920)

                           

 

Appropriations   Capital Outlay Vehicle  $ 6,000               $22,500                 $28,500                               

                             (05-43-4540)

 Ordinance 382 General Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues            Solid Waste                      $73,978             $2,550                   $76,528

                             (05-00-3850)

                           

 

Appropriations   Separation Allowance     $ 7,650                $2,550                   $10,200                             

                             (05-43-4127)

Ordinance 383 Sewer Fund

 

                                                                                  Increase

                             Description                                Previous          (Decrease)              Amended

                                                     

Revenues            Investment Earnings        $3,500               $400                      $3,900

                             (04-00-3831)

                           

 

Appropriations   Banking Fees                   $0.00                  $400                     $   400                              

                             (04-71-4692)

 

Alderman Taylor questioned Ordinance 382 amendment to appropriate money to the Separation Allowance line item from the Solid Waste line item. 

 

ALDERMAN TAYLOR MADE A MOTION TO ADOPT ALL BUDGET AMENDMENT ORDINANCES EXCEPT ORDINANCE 382 UNTIL THE FINANCE OFFICER CAN PROVIDE MORE DETAILS.

ALDERMAN MCELROY SECONDED THE MOTION.

MOTION CARRIED.

 

 

Appointments to the Zoning Board of Adjustment Board

Chairman Ring asked that Mr. Torry Pinter become a full member and vice-chairman.

 

Mayor Pinter responded that Mr. Pinter did not want to become a full-time-member only to remain an alternate member.

 

 

ALDERMAN TAYLOR MADE A MOTION TO RECOMMEND THE APPOINTMENT OF RON DESIMONE TO THE COUNTY COMMISSIONERS.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

 

ALDERMAN TAYLOR MADE A MOTION TO APPOINT CONNIE DENNIS AND GARRETT ANDERSON TO THE ZONING BOARD OF ADJUSTMENTS AS FULL MEMBERS.

 

MOTION DIES FOR A LACK OF A SECOND.

 

Chairman Ring explained the difficulty of trying to conduct business without a quorum.

 

Alderman Aldridge questioned if the planning board could assist the Zoning Board and/or the possibility of putting the boards together.

 

Attorney Dickson explained that the ordinance would have to change thus the need for an advertised public hearing.

 

Mr. Ring questioned if there was a problem with the applicants.

 

Alderman McElroy felt a workshop should be conducted to discuss keeping the boards separated or recombining them as before.

 

Alderman DeMeola was uncomfortable with two seats being vacant and only two applicants applying.

 

COUNCIL TOOK A BREAK FROM 7:03 P.M. UNTIL 7:10 P.M.

 

ALDERMAN MCELROY MADE A MOTION TO CONTINUE THE DISCUSSION ON THE PLANNING AND ZONING BOARDS AT THE NEXT WORKSHOP ASKING THAT ATTORNEY DICKSON REVIEW THE GENERAL STATUES.

ALDERMAN DEMEOLA SECONDED THE MOTION.

ALDERMAN ALDRIDGE VOTED IN THE AFFIRMATIVE.

ALDERMAN TAYLOR OPPOSED

MAYOR PINTER OPPOSED.

MOTION CARRIED BY MAJORITY.

 

 

Appointments to the Festival Committee

Mayor Pinter had some concerns about not all of the applicants being taxpayers/citizens.

 

Alderman McElroy reminded the Mayor that the state or county does not have that requirement when funding is requested.

 

A discussion developed about the actions of the previous festival committee and Alderman Taylor not being aware of the installation of the restrooms until the unit was delivered. There were concerns about the legality of the festival board making monetary decisions.

 

The Festival Board will get approval from Council before making policy, making decision for funding, etc.

 

Attorney Dickson stated that it would be legal for council to do as they see necessary.

 

Mayor Pinter felt the members should be limited to taxpayers because the land payments are coming from tax dollars.

 

Alderman Aldridge felt it wise to have a mix of members. “Just get something up and running”.

 

Alderman DeMeola stated that he was leaning toward just having taxpayers as board members but was still contemplating the issue.

 

 

Request to be Exempt for Solid Waste: Response to Mrs. Joseph Wojteczko

Ms. Wojteczko is requesting exemption from the solid waste collection due to health issues. 

 

GDS will provide door pick up service for residents with disabilities.

 

ALDERMAN TAYLOR MADE A MOTION TO DENY THE REQUEST AND DIRECTED STAFF TO SEND MS. WOJTECZKO A LETTER EXPLAINING THE SITUATION AND WHEN THE SOLID WASTE CONTRACT WILL EXPIRE.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

 

 

Manager’s Report

Manager Shepherd reported that Planning Director Kevin Byrd completed the Pigeon River Grant application and delivered it today.

 

Phase two of the streetscape plan should begin shortly.

 

Manager Shepherd will be meeting with Mr. Barnard, a Brannon Forest Subdivision resident on Thursday.

 

Manager Shepherd discussed turning half of the stage in the auditorium into a records storage room.

 

Council discussed how much the stage is used by the community and for school pageants.

 

Alderman Aldridge asked if the records could be stored at a different location, possibly at the maintenance facility.

 

Records need to remain on site and some records secured as required under state law.

 

When the discussion turned to the Greenways Advisory Committee, Alderman Taylor made the following motion.

 

 

ALDERMAN TAYLOR MADE A MOTION TO REINSTATE THE MEMBERS DESIRING TO SERVE AND TO GET THE WORD OUT THAT MORE APPLICANTS ARE NEEDED.

ALDERMAN MCELROY SECONDED THE MOTION.

MOTION CARRIED.

 

 

Alderman Taylor will be unable to attend the next MPO meeting and requested Council to adopt a resolution asking that US-19 be “fast tracked” to the funding stage.

 

 

ALDERMAN TAYLOR MOVED TO ADOPT AFOREMENTIONED RESOLUTION.

ALDERMAN MCELROY SECONDED THE MOTION.

MOTION CARRIED.

 

Alderman DeMeola stated that based on a conversation during the break he had changed his mind about the appointments to the Zoning Board of Adjustments. He reconsidered the fairness of the situation when only two people have stepped up to serve. The Board is having a difficult time getting a quorum.

 

ALDERMAN DEMEOLA MADE A MOTION TO APPOINT MS. DENNIS AND MR. ANDERSON TO THE ZONING BOARD OF ADJUSTMENTS.

ALDERMAN TAYLOR SECONDED THE MOTION.

ALDERMAN MCELROY OPPOSED

ALDERMAN ALDRIDGE OPPOSED.

MAYOR PINTER VOTED IN THE AFFIRMATIVE.

MOTION CARRIED BY MAJORITY.

 

Because of the confusion regarding Ms. Dennis’ outdated application as to her employment, Alderman McElroy asked that the council still discuss the issue at a workshop.

 

Alderman DeMeola stated that he made the motion in order to move the town forward. Alderman DeMeola believes in the democratic process but felt the people stepping up to serve should not be punished.

 

ON MOTION BY MAYOR PINTER, THE MEETING ADJOURNED AT 7:50 P.M.

 

 

______________________________________

        Mayor Jo Pinter

 

 

 

 

______________________________________

         Vickie Best, CMC

          Town Clerk