Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

March 1, 2005

MINUTES

 

Members Present:       Mayor Jo Pinter         Aldermen:       Roger McElroy

                                                                                                Linda Taylor

                                                                                                Mark DeMeola

                                                                                                Phil Aldridge

 

Staff Present:              Manager Bob Shepherd, Planning Director Kevin Byrd, Chief Scott Sutton, Public Works Director Mike Mehaffey, Attorney Chuck Dickson, and Town Clerk Vickie Best

 

Others Present:           approximately 50 people

 

Meeting Called to Order 

Mayor Pinter called the meeting to order at 1:30 p.m. on Tuesday March 1, 2005 in the Town Hall Boardroom.

 

Reverend Hall Finney did the invocation and led the audience in the pledge of allegiance.

 

Several council members attended a seminar in Morganton on Parliamentary Procedures conducted by the Institute of Government.  All attendees received a book entitled Suggested Rules of Procedure for Small Local Government Boards.

 

Mayor Pinter asked that each member review the book and consider adopting the rules at next board meeting.

 

Mayor Pinter went on to apologize to the taxpayers/citizens for previous actions taking place in the boardroom.  Mayor Pinter read North Carolina General Statute 160A-67.
 
 § 160A-67.  General powers of mayor and council.
  Except as otherwise provided by law, the government and
general management of the city shall be vested in the council.
The powers and duties of the mayor shall be such as are
conferred upon him by law, together with such other powers and
duties as may be conferred upon him by the council pursuant to
law. The mayor shall be recognized as the official head of the
city for the purpose of service of civil process, and for all
ceremonial purposes. (1971, c. 698, s. 1.)
 
Mayor Pinter has the authority to remove anyone disturbing the meeting.
 
Public Comment
Mayor Pinter opened the floor for public comment.
 
Shirley Pinto, 3710 Soco Road addressed Council requesting the scheduled events for 2005 at the Festival Grounds be advertised on the electronic reader board. 
 
Public Hearing: Proposed Text Amendment to the Zoning / ETJ Ordinance 
Mayor Pinter opened the Public at 1:40 p.m.
 
Mr. Byrd explained the proposed text amendment.  The main amendment is number 7 allowing the Planning Board to review subdivision.
 

ORDINANCE NO 368

AN ORDINANCE AMENDING ORDINANCE NUMBER 279 AMENDING THE ZONING ORDINANCE

 

Ord. #279 Extraterritorial Jurisdiction (ETJ)-Page 2

General powers and duties.

            In addition to the duties prescribed by state law, it shall be the duty of the Planning Board to do the following:

(1)           Acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions;

(2)           Prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the area;

(3)           Establish principles and policies for guiding action in the development of the area;

(4)           Prepare and recommend to the Board of Aldermen ordinances promoting orderly development along the lines indicated in the comprehensive plan;

(5)           Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area;

(6)           Keep the Board of Aldermen and the general public informed and advised as to these matters;

(7)           The Planning Board shall be the review authority for all proposed plats of land subdivision.

(8)           Perform any other duties, which may lawfully be assigned to it.

 

The above proposed text amendment removes the section (b), "Duties as to Subdivisions" and places it under the Planning Board's "General Powers and Duties" and is reflected in item #7. 

 

Ord. #279 Extraterritorial Jurisdiction (ETJ)- Page 3

            Regular meetings required; nature of meeting; quorum.

(a)        The Board of Adjustment shall hold at least one (1) meeting monthly, and all of its meetings shall be open to the public.

(b)       There shall be a quorum of four-fifths (4/5) members for the purpose of taking any official action required by this article.

 

The above proposed text amendment changes item (b) from a quorum of five (5) members to a quorum of four-fifths (4/5) to reflect consistency with the NC State Statutes for taking official action. 

 

There were no comments from the floor.

 

ALDERMAN TAYLOR MADE A MOTION TO ADOPT THE PROPOSED AMENDMENT AS PRESENTED.

ALDERMAN MCELROY SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

Brannon Forest

Manager Shepherd explained events to date.  A letter was mailed informing Brannon Forest residents that beginning February 1 the Town would start implementing provisions to resolve the annexation/ sewer agreement issues. Eighty-seven petitions have been received.  Forty-three annexation agreements have been received.  Twenty-three of the forty-three agreements are the original property owners. There is no paperwork on seven lots and three of the seven lots are vacant.

 

The Town is seeking legislative relief from being required to annex an entire subdivision and become exempt from the 10% satellite requirement.

 

The Towns of Waynesville and Marion are requesting exemption as well.

 

The special legislation will allow the town to deal with the situation more effectively and fairly.

 

Resolution No 05-3

RESOLUTION REQUESTING LOCAL BILL INTRODUCTION TO AMEND

 GS 160A-58

PERTAINING TO VOLUNTARY AND SATELLITE ANNEXATIONS

 

 

WHEREAS, the Town of Maggie Valley prefers voluntary annexation as a method of providing municipal services to new areas;

 

WHEREAS, the Town would like to continue to use voluntary annexation, including satellite areas where feasible, to provide the needed municipal services;

 

AND WHEREAS, most residents and/or property owners of Brannon Forest have signed agreements for voluntary annexation, but are not able to be annexed under current General Statutes, and therefore would be cut off from Town services:

 

NOW, THEREFORE BE IT RESOLVED that the Maggie Valley Town Board of Aldermen ask its representatives in the North Carolina General Assembly to introduce and support local bills that would amend GS 160A-58.1 to add the Town to the list of municipalities for whom the following do not apply:

1) That a non-contiguous annexation must include all of a subdivision (as defined in GS 160A-376); and

            2) That the cumulative non-contiguous area annexed “may not exceed ten percent (10%) of the area within the corporate limits”.

 

AND BE IT FURTHER RESOLVED that copies of this resolution be sent to Representative Phillip Haire and Senator Keith Pressnell.

 

ALDERMAN MCELROY MADE A MOTION TO AUTHORIZE STAFF TO PROCEED AND TO ADOPT RESOLUTION 05-3 AS PRESENTED.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED.

 

Otis Sizemore: Request to Address Council Regarding Maggie Valley Volunteer Fire Department

Mr. Sizemore, of 36 Blackberry Lane addressed Council thanking Mayor Pinter for her opening comments regarding the functioning of the board. Mr. Sizemore asked that  Council stop with the negative press.

 

Mr. Sizemore previously attended a public hearing (one of four people) on the Fire Department purchasing a ladder truck at a cost of $389,000 plus equipment.  The ladder truck is needed for taller structures although would be too tall to navigate the curves leading to his home and many more along the mountainsides. Mr. Sizemore suggested the town establish a separate tax district for the low-lying areas. “Tax the areas where the equipment will be used” Mr. Sizemore also asked that Council put under study to assist the Maggie Valley Volunteer Fire Department with the specialized equipment.

 

The Town of Maggie Valley has no authority over the Maggie Valley Volunteer Fire Department.  The Town does not administer Fire Taxes.

 

Jay Ring: Request to Address Council Regarding the Dysfunctional Board

Mr. Ring too attended the Public Hearing at the Fire Department and commended the members on being good stewards of tax dollars.

 

Mr. Ring stressed his concerns about the recent events and poor behavior of the elected officials. Mr. Ring criticized the board for not fulfilling their obligations to the taxpayers, the aldermen being rude to the Mayor and Mayor Pro-temp, the cost of an attorney in the Blyth lawsuit without Council doing their due-diligence, the contract signed with the previous manager, and the thought of bringing Al Matthews back as manager when he contributed to the problems the town has today.

 

Mr. Ring felt the employees should help citizens and should be required to write down what their jobs actually are.  Mr. Ring had requested a copy of the proposed contract with Mr. Matthews that he is yet to receive.  The employee contract should be brought to the citizens for approval.

 

Mr. Ring closed his presentation stating that there are some legal questions that need to be addressed and for council to stop bringing shame to the town.

 

Wade Reese: Request to Address Council Regarding the Zoning Board of Adjustments

Mr. Reese stated that there had been conflict between the Zoning Board of Adjustment and Planning Board and now the Chairman of the Zoning Board is making accusations about the Town Council. Mr. Reese encouraged the council members to dissolve the Zoning Board of Adjustments.   

 

Resolution for Agenda Setting Meeting

RESOLUTION 05-2

 

A Resolution of the Town of Maggie Valley Board of Aldermen

Adopting Rules of Procedure Regarding the Coordination, Preparation, and Dissemination of Agendas and Associated Materials Pertaining to Regular Meetings of the Board of Aldermen

 

 

WHEREAS, the Town of Maggie Valley Board of Aldermen wants to ensure , insofar as is possible, the orderly and timely conduct of all public business needing to come before it in regular meetings, and

 

WHEREAS, the Board believes it is essential that the public has a known and recognized official point of contact with the Town for all parties having business or desiring an appearance before the Board, and

 

WHEREAS, the Board desires that all parties, issues, materials, correspondence, etc., pertaining to a matter to come before the Board be presented in a complete, coordinated, and timely manner, and

 

WHEREAS, the Board believes that it, assisted by the Town Manager and Town staff, should have adequate time to prepare for meetings and issues coming before it through advance study, analysis, or investigation, and that each Board  member should have equal access and availability of agendas and associated materials, and

 

WHEREAS, under the Council-Manager form of government, it is logical and appropriate that the Office of the Manager be the Board’s officially designated location for the preparation and coordination of all meetings involving the Board of Aldermen;

 

NOW THEREFORE, BE IT RESOLVED, by the Town of Maggie Valley Board of Aldermen in session duly assembled, that the following Rules of Procedure are instated regarding the preparation of all regular meetings of the Town of Maggie Valley Board of Aldermen.   Such Rules and Procedures shall be supplementary of other Rules and Procedures regarding conduct of business previously adopted by the Board that do not contradict this resolution;

 

1.  The agenda shall be prepared in advance of the regular Board of Aldermen meeting and shall be made available to each Aldermen with all supporting documents and information as far in advance of the scheduled meeting as practical.

 

2.  The agenda for regular monthly Town Board meetings shall be closed to items at twelve o’clock noon on Thursday prior to the regular Tuesday meeting.  Any Board Member and the Manager shall be authorized to place items on the Regular Meeting Agenda prior to the Thursday noon suspense date.  Additional items may be added at the regular meeting prior to adoption of the agenda by unanimous consent of the Board present and voting.  For urgent needs, the Mayor is granted the discretion to add items to the agenda after the agenda deadline date of Thursday and prior to the Tuesday meeting date.

 

3.  The regular meeting on the 1st Tuesday of each month is established as an “agenda setting” meeting with the principal focus upon identifying and discussing items for possible action at a subsequent meeting(s), hearing reports from staff and educating Board Members on Town matters.

 

4.  The regular meeting on the third Tuesday of each month is established as the  meeting in which most issues are voted upon after due deliberation and most public hearings are held under existing rules of procedure and as may be required by law.   Also, this meeting will normally require the presence of the Town Attorney.

 

5.  Barring unforeseen circumstances, the published agenda and all supportive material for regular Town Board meetings shall be disseminated to the Board on the Friday prior to the Tuesday meeting.

 

6.  The Town Manager’s Office shall serve as the repository for all requests for appearances, work sessions, agenda items, and other issues to come before the Town Board in regular meetings.   Those residents or others asking to be on the agenda for any meeting shall first meet with the Manager.  The Town Manager is directed to prepare agendas, assemble data and material, make official announcements to the press and public, notify parties, conduct research, prepare memoranda, secure facilities disseminate agendas and information as required, and conduct any other activity or provide any other support as is needed by the Town Board of Aldermen for the lawful and successful conduct of meetings.

 

7.  The Board of Aldermen hereby establishes a limit of ten (10) minutes for those

requesting to be on the agenda after meeting with the Town Manager as directed above

 

Manager Shepherd explained that the resolution is patterned after one from the Town of Sylva.  Sections 3 and 4 have been modified to suit Maggie Valley’s needs. Many issues being brought before

Council can be handled on the administrative level.

 

Alderman Taylor asked that wording be added that the Mayor may add items to the agenda (number 2).

 

Attorney Dickson suggested a letter be filed appointing someone to act as manager in the absence of the manager.

 

ALDERMAN MCELROY MADE A MOTION TO ADOPT THE RESOLUTION WITH THE ADDITION OF AN ADDITIONAL 10 MINUTES FOR SPEAKERS IF THE BOARD SO DESIRES AND THE MAYOR HAVE THE AUTHORITY TO ADD TO THE AGENDA.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

 

Discussion on Festival Board

Manager Shepherd explained that the commission is now inactive.  Council needs to focus on policy issues not the direct management.  Manager Shepherd questioned if Council would want the board to have responsibilities other than the festival grounds i.e.  the Town Hall property and park.

 

Alderman Taylor had concerns about relinquishing responsibilities when tax dollars are involved. The elected board is charged with being stewards of public funds.

 

The Board would act as an advisory board only.  Council would set policy.

 

Council then discussed the option of turning the festival grounds over to the Chamber of Commerce.  Some members felt the Chamber of Commerce was the best source for finding events to bring into town. Council has been accused of duplicating the Chamber’s efforts and micro managing.

 

Mayor Pinter felt the residents should be represented on the festival board.  The festival grounds should also be open for residential use when an event is not scheduled.  Mayor Pinter added that she would like to see picnic tables and a walking trial for residents and visitors to enjoy.

 

The town will accept applications and Council will conduct interviews on March 7, 2005 and make the appointments at the March 15, 2005 Aldermen meeting.

 

Request to Rent Festival Grounds: Thunder in the Smokies

ALDERMAN MCELROY MADE A MOTION TO APPROVE THE SPRING RALLY,

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED.

 

ALDERMAN MCELROY AMENDED THE MOTION TO APPROVE THE FALL RALLY AS WELL.

ALDERMAN DEMEOLA SECONDED THE MOTION TO AMEND.

MOTION CARRIED.

 

Request to Rent Festival Grounds: Western Carolina Dog Fanciers Association

The show has the potential to become an annual event drawing large crowds.

 

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE DOG SHOWN FOR OCTOBER 8 AND 9 WITH A 50/50 SPLIT OF THE NET PROFITS.

ALDERMAN MCELROY SECONDED THE MOTION.

 

ALDERMAN TAYLOR AMENDED THE MOTION TO INCLUDE A $500 REFUNDABLE DEPOSIT.

ALDERMAN MCELROY SECONDED THE AMENDMENT.

MOTION AND AMENDMENT CARRIED UNANIMOUSLY.

 

Zoning Board of Adjustment Vacancies

The County appoints the representatives from the ETJ areas.  Alderman Taylor questioned if there would be an interest in allowing Mr. Jerry Zerbock, the Planning Board’s ETJ representative, to serve on both boards. 

 

After further discussion, Council scheduled interviews for March 7, 2005.  Ms. Connie Dennis stated that she had already interviewed for a position on the Planning Board and does not wish to interview again.

 

When questioned about members sitting on both the Planning Board and the Zoning Board of Adjustment, Attorney Dickson responded that the constitution allows dual office but town policy dictates differently.

 

Greenways and Pigeon River Fund Grants

Manager Shepherd stated that Villa L’ Abri is a crown jewel with the beauty of the area and the waterfall. 

 

Memo:

To:  Board of Aldermen

From:  Bob Shepherd

Subject:  Greenways and Pigeon River Fund Grants

Date:  February 23, 2005

 

             As you directed at the February 15 Board Meeting, Town staff  have explored the possibility of a Pigeon River Fund Grant (PRF) for the spring cycle.  Aldermen McElroy and Kevin Byrd provided a brief tour of the Villa L’aBrie property for Ron Moser, Tony Sexton and me after we met on February 17 to consider a PRF application.

            The waterfall there makes the property a natural area “gem” deserving of funding from PRF, The Clean Water Management Trust Fund (CWMTF), the Parks and Recreation Trust Fund (PARTF) or other sources.

            In reviewing the file (key items enclosed) we determined that there is approximately $11,900 in the 2000 PRF grant (after we proceeded with a delayed interpretive sign provided for in the grant and arranged by Joe Moody.) 

            There is a need for a planning/engineering study of the Villa L’a Brie property—to evaluate access parking, step reconstruction and potential educational uses.  With the Jonathan Creek greenway segment covered in the grant complete, we have ask Tim Richards, PRF Program Officer, whether grant funds can be redirected to the Villa L’aBrie property.  The almost $12,000 might cover the development of the site plan which could possibly be developed by the Town’s Engineers, McGill & Associates.

            The PRF Board will consider this before your meeting on March 1.  If we can proceed, we might delay a new application until the fall cycle.  If we need to apply for a new grant to do this, we can probably meet the spring deadline with assistance from Ron Moser and Tony Sexton.

            Meanwhile, we will be exploring other possibilities for the development of this site and other greenway projects.      

            It should also be noted that $38,606.36 remain in the Town’s FY’ 05 budget for Greenways.

 

Recommendation:  It will be helpful as all the above proceeds to have an active Greenway Committee.

 

Alderman McElroy will serve as an advisor to the committee.  Ms. Debbie Pierce and Joe Moody, both former members have agreed to serve.

 

Mr. Byrd will complete the next application for the Town owned Villa L’ Abri property.

 

When questioned about the streetscape project, the Town is still waiting for McGill Associates to get confirmation from NCDOT.

 

Discussion on Hiring a Town Manager

Several Council members felt it wise to hold off until a consensus is reached among the board members. Alderman Aldridge suggested waiting until after the November election when any new board members elected could participate in the manager selection.

 

When Attorney Dickson was questioned he directed the Board attention to the following statutes:

 
§ 160A-149.  Acting city manager.
  By letter filed with the city clerk, the manager may
designate, subject to the approval of the council, a qualified
person to exercise the powers and perform the duties of manager
during his temporary absence or disability. During this absence
or disability, the council may revoke that designation at any
time and appoint another to serve until the manager returns or
his disability ceases. (1971, c. 698, s. 1.)
  
 
§ 160A-150.  Interim city manager.
  When the position of city manager is vacant, the council
shall designate a qualified person to exercise the powers and
perform the duties of manager until the vacancy is filled.

 

Alderman DeMeola felt that the department heads were very competent and hiring a manager at this point would be premature.

 

Manager Shepherd will continue to seek candidates for the position.  Alderman Aldridge asked that Mr. Shepherd be involved in the entire hiring process. Alderman DeMeola felt that board members should not contact the applicants personally.

 

Moving the Boardroom to the Auditorium

The Aldermen Meetings have outgrown the current boardroom, thus the need to move to the auditorium.  Therefore, there is a need for heat and air-conditioning, lowering the ceiling, and trying to remedy the noise problem with the hardwood floor.  

 

The projected cost is approximately $18,000 to include heat and air-conditioning, floor runners, a public address system, and lowering the ceiling.

 

There are enough funds in the budget to cover the cost. 

 

Because of the need of additional space for offices and records storage, staff had inquired about closing off the stage in the auditorium for records storage.  Council felt the community needed use of the stage for the different events held at town hall. Alderman McElroy felt the Quilt Guild would help with the cost if they got the current boardroom back for their use.

 

Mr. Mehaffey was directed to follow through with the renovation by consensus.

 

ON MOTION BY ALDERMAN TAYLOR, SECONDED BY ALDERMAN MCELROY, THE MEETING ADJOURNED AT 4:30 P.M.

 

 

_____________________________________

         Mayor Jo Pinter

 

 

______________________________________

        Vickie Best, CMC Town Clerk