TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED BOARD OF ALDERMEN MEETING

MARCH 21, 2006

MINUTES

Members Present: Mayor Pinter Aldermen: Saralyn Price

Roger McElroy

Phil Aldridge

Mark DeMeola

Staff Present: Manager Tim Barth, Public Works Director Mike Mehaffey, Planning Director Nathan Clark, Police Chief Scott Sutton, Attorney Chuck Dickson and Town Clerk Vickie Best

Others Present: Eight people

Meeting Called to Order

Mayor Pinter called the meeting to order at 6:31 p.m. in the Town Hall Boardroom.

Consent Agenda

a. Certificate of Sufficiency: Nicholas D. Powers, III,

Resolution No. 06-18 Setting Date for a Public

Hearing: Annexation for Nicholas D. Powers, III,

3618 Dellwood Road, Parcel #8606-29-0312

(2.0958 acres): April 18, 2006 at 6:30 p.m.

b. Certificate of Sufficiency: Craig & Sandra Capano,

Resolution No. 06-19 Setting Date for a Public

Hearing: Annexation for Craig & Sandra Capano,

504 Brannon Forest Drive, Parcel #7697-76-1000

(0.378 acres): April 18, 2006 at 6:30 p.m.

c. Certificate of Sufficiency: KGC, LLC,

Resolution No. 06-20 Setting Date for a Public

Hearing: Annexation for KGC, LLC,

139 Saddle Drive, Parcel #7697-21-2522

(0.42 acres): April 18, 2006 at 6:30 p.m.

d. Petition for Annexation: Blue Ridge Land Development,

LLC, #217 Paso Fino Drive Parcel #7697-02-8274

(2.3216 acres), and #7 Section A Country Club Cove,

Saddle Drive, Parcel #7697-21-2390 (0.7033 acres);

Resolution No. 06-21,

Directing Clerk to investigate an annexation petition.

e. Petition for Annexation: James Cox, 47 The Trail,

Maggie Valley Country Club Estates, Parcel #7697-51-2026

(1.1404 acres); Resolution No. 06-22,

Directing Clerk to investigate an annexation petition.

f. Petition for Annexation: Tamara & Hugh Williams,

40 Williams Way, Parcel #7697-50-5498 (1.599 acres);

Resolution No. 06-23,

Directing Clerk to investigate an annexation petition.

g. Petition for Annexation: Marlene Blalock,

42 Williams Way, Parcel #7697-50-5761 (1.16 acres);

Resolution No. 06-24,

Directing Clerk to investigate an annexation petition.

h. Petition for Annexation: Jason Wilkerson,

200 Cripple Creek Dr., Parcel #7697-75-4208 (0.421 acres);

Resolution No. 06-25,

Directing Clerk to investigate an annexation petition.

i. Petition for Annexation: Stanley & Kathleen Bockoski

84 Sparkleberry ridge, Parcel #7697-75-2204 (0.198 acres);

Resolution No. 06-27,

Directing Clerk to investigate an annexation petition.

j. Correction and Approval of Minutes for March 7, 2006.

k. Tax Releases.

ALDERMAN MCELROY MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.

MOTION CARRIED UNANIMOUSLY.

Public Hearing on Annexation of Myrna G. Gordon, 20 Swanger Lane Parcel #8606-49-7790

Mayor Pinter opened the public hearing at 6:33 p.m.

There were no comments from the floor.

Mayor Pinter closed the public hearing at 6:34 p.m.

ALDERMAN DEMEOLA MADE A MOTION TO ADOPT ORDINANCE 450 ANNEXING THE PARCEL.

MOTION CARRIED UNANIMOUSLY.

Public Hearing on Annexation of Randy & Lou Aulick 20 Brandywine Estates Parcel #7697-50-0447

Mayor Pinter opened the public hearing at 6:34 p.m.

There were no comments from the floor.

Mayor Pinter closed the public hearing at 6:35 p.m.

ALDERMAN MCELROY MADE A MOTION TO ADOPT ORDINANCE 451 ANNEXING THE PARCEL

MOTION CARRIED UNANIMOUSLY.

Public Hearing on Amending the Zoning Ordinance in Regard to RV Parks/ Travel Trailer Parks Restrooms

Mayor Pinter opened the public hearing at 6:36 p.m.

Dan Massey questioned the Board about the existing RV Parks. Mr. Massey informed Council that he had been using an RV for the past twenty years. RV’s are self-contained. When people spend anywhere from $150,000 to $200,000 for a Recreational Vehicle, all amenities are included. “The amendment makes no sense when we have had no complaints.”

Linda Bennett stated that she could not figure out the logic in bringing the issue up for discussion. The IRS classifies the units as second homes. Many sites are long-term rentals. RV people would be upset if tent camping were allowed. The amendment would be self-defeating by discouraging the existing parks to make improvements. “Do not over govern. We need fewer rules, not more.” Ms. Bennett talked about living in a free America and that some campgrounds are more desirable than other ones. “People should have a choice.”

Pat Tilley, the Planning Board Chairman, has also had experience in using an RV. All campgrounds have amenities. Often people bring kids that use tents or have guests that use the public facilities when a group of people are getting ready to go out.

With no more comments from the floor, Mayor Pinter closed the hearing at 6:48 p.m.

Mr. Clark responded that the existing campgrounds would be grandfathered. The Planning Board members felt requiring restrooms is merely an essential element for happiness. In the event of a mechanical breakdown, people would have an option. This is more of a paternalistic approach to the issue.

Alderman McElroy questioned how the numbers for sites verses restrooms come about.

The numbers have not changed. The breakdown is the same as currently written in the ordinance.

Alderman Aldridge questioned the cost of sewer for RV Parks and more restrooms using up more treatment plant capacity. Alderman Aldridge stated that he would like to see a mixture of residential and commercial use without jeopardizing the “little guy” [small businesses] by increasing requirements.

Each site pays a tap fee of $660 for RVs/travel trailers. Park Models pay $1320 per site.

There would be no additional charge for restrooms. There would be an additional cost only if washing machines were added

The treatment plant has capacity based on all parks being full.

Otis Sizemore suggested requiring the campground owners to be responsible for assuring that the containment tanks are operational. Mr. Sizemore saw the issue as a non-issue.

Pat Bennett stated that the systems are not complicated and he has never seen problems with anyone’s containment tanks.

Linda Bennett agreed, adding that people do not have guests staying with them in these small units; also, Campground guidebooks tell what amenities are available.

Lyndia Massey asked that the issue be postponed until the rest of the RV users are back in Town for the summer season.

The proposed amendment as presented:

ORDINANCE 452

AN ORDINANCE AMENDING ZONING ORDINANCE NO 265

NOW THEREFORE BE IT HEREBY ORDAINED by the Board of Aldermen of the Town of Maggie Valley, North Carolina that:

Section 604.3 Number 2 Travel Trailer Parks (RV Parks) and Campgrounds Letter a number 3 be amended to read:

3) The ratio of toilet, lavatory, urinals and bathing facilities for occupants of organized travel camps for all private tents, all travel trailers, all self tent campers, all motor homes shall be as follows and shall be provided in a service building or buildings located on the property.

ALDERMAN DEMEOLA MADE A MOTION TO TABLE THE ISSUE UNTIL THE SECOND MEETING IN JUNE 2006.

MOTION CARRIED UNANIMOUSLY.

Public Hearing on Amending the Zoning Ordinance in Regard to the Regulation of Cell Towers

Mayor Pinter opened the public hearing at 7:16 p.m.

Maggie Valley currently does not have a cell tower ordinance.

Otis Sizemore asked that staff encourage a cell tower to be located in Maggie Valley because of the poor quality of service.

Jay Ring questioned if the cell towers will be taller than the repeater station for WLOS (local TV station). “There has never been any backlash from the WLOS tower.”

Mayor Pinter closed the public hearing at 7:19 p.m.

Mr. Clark provided the history on how the issue came about. In 1998, Haywood County began regulating cell towers. Because Maggie Valley’s corporate limits lie on the valley floor, it was determined, that Haywood County could enforce their regulation in Maggie Valley. There was never a formal written agreement.

The way technology has advanced, cell towers can now be used to spread the signal throughout the valley floor. Aesthetically speaking, collocating towers is the preferred method.

The bottom line is the Town can regulate, but cannot prohibit, a tower from being located within the corporate limits.

Mr. Clark went over the entire ordinance.

ALDERMAN PRICE MADE A MOTION TO APPROVE ORDINANCE 453 REGULATING CELL TOWERS.

MOTION CARRIED UNANIMOUSLY.

Appearance of Dan Massey

Mr. Massey addressed Council describing how a “slaughterhouse works”, going on to state how over the past twenty-years Pigeon Forge and Gatlinburg have taken the tourist industry from Maggie Valley and now Waynesville, Dillsboro, and Cherokee are taking away Maggie Valley’s visitors. Mr. Massey urged Council to have a meeting with all the high profile people throughout Town and “let them fight and cuss and then move forward”. There are still opposing sides within the community. Mr. Massey attempted to have such a meeting; but the meeting never came about. Mr. Massey felt the Maggie Valley Chamber was in trouble. “They cannot take care of themselves. The Chamber needs help, not money.”

If Council could have the meeting with the high profile people to “hash out their disagreements” Mr. Massey offered $500 and would be willing to “beat the pavement” to get more money for Council to be paid. The Town should be more proactive in tourism.

Mr. Massey felt Council should be paid by performance. The money should not be taken from the Mayor’s salary because “being the Mayor is a full time job”.

Alderman Price stated that she felt the Board of Aldermen had moved forward as a Board.

Alderman McElroy felt the Town’s responsibility is to provide infrastructure. The Town purchased the festival grounds in an effort to bring tourist to Maggie Valley.

Mayor Pinter asked that the issue be placed on a workshop agenda. There should be a clear understanding of what direction Council feels the Town should go. Mayor Pinter went on to confirm that she, too, feels the Town should be involved in tourism, because tourism is Maggie Valley’s economic development.

Discussion Regarding Subcontractors Licensure

As previously discussed at the Aldermen Workshop, the Building Inspector has had difficulty being assured that all subcontractors are licensed through the State. After checking with other agencies, Mr. Mercier has now determined that he will not issued a building permit until all subcontractors and license numbers are listed on the building permit. If there were a change in subcontractors, the General Contractor would need to come into the office and make the needed corrections.

There would be no additional cost to the contractor.

ALDERMAN PRICE MADE A MOTION TO APPROVE THE NEW PROCEDURE AS DESCRIBED.

MOTION CARRIED UNANIMOUSLY.

Consideration of a Resolution Adopting the Maggie Valley Hazard Mitigation Plan

The plan was adopted in December 2004 by motion. The State is now asking that the plan be approved by Resolution.

ALDERMAN DEMEOLA MADE A MOTION TO APPROVE RESOLUTION # 06-26 APPROVING THE HAZARD MITIGATION PLAN.

MOTION CARRIED UNANIMOUSLY.

Consideration of Acquiring Music Performance Licenses

The North Carolina League of Municipalities recently suggested that any municipality that owned and operated an area where music is played should obtain these licenses to avoid further liability. The penalty for not having the license can be in excess of $100,000.

Attorney Dickson felt the Town had no choice but to pay for the licenses annually. The songs belong to the artists that wrote them and/or first performed them.

The Board Members were reluctant but the following motion was made.

ALDERMAN PRICE MADE A MOTION TO PURCHASE THE LICENSE.

MOTION CARRIED UNANIMOUSLY.

The Parks, Recreation, Festival Advisory Committee will be notified of the fees and will be encouraged to pass the cost on to the promoters when the rates and/or application is revised.

Consideration of Declaring Certain Police Department Property Surplus

Over the years, several handguns have accumulated. Chief Sutton would like to sell the handguns and buy shotguns for the officers. The guns will be sold through a licensed gun dealer.

ALDERMAN MCELROY MADE A MOTION TO DECLARE THE GUNS SURPLUS.

MOTION CARRIED UNANIMOUSLY.

Manager’ Report

8As of March 16, 2006, the tax collection rate is at a remarkable 105% of budgeted revenues.

: The budget’s year- to- date revenues vs. expenditures are at 84%, while expenditures are at 54%.

8 Maggie Valley’s share of the Haywood County Recreation Plan is 2%. The total contract is for $69,900. Maggie Valley will contribute $466.00 this year and $932 next year.

:On March 15^th the Manager, Public Works Director, and Police Chief attended the first presentation on building the Police Department by the WCU students. The next presentation will be for the Board of Aldermen and will provide more details.

8Only one contractor bid on Phase 2 of the streetscape project. The bid will be re-advertised and another bid opening is scheduled for April 3 at 2:00 p.m. Manager Barth will provide a recommendation at the April 4, 2006 Board of Aldermen meeting. The delay is regrettable, but necessary, to be in compliance with State Law.

Other Business

Mayor Pinter asked that Council sanction the “Ignite 2006 Youth Explosion” that will be held at the Stompin Grounds from March 26 through the 29^th. If desired, business owners can then put a message on their sign regarding the event.

ALDERMAN PRICE MADE A MOTION TO SANCTION THE IGNITE 2006 YOUTH EXPLOSION.

MOTION CARRIED UNANIMOUSLY.

Public Comment

Jay Ring addressed Council stating that a lot of money is going into the Police Department when a Needs Assessment Study has never been done. “Who is telling us what we need?” Mr. Ring felt the Town was committing itself to the Summit Drive location, which he felt, was not the best location.

There was some confusion about a licensed contractor attending the Western Carolina University Student presentations. Manager Barth explained that the Professor requested to have the General Contractor in attendance to assist in assessing the students’ presentations. As earlier stated, the students will do their presentation at an open Board of Aldermen meeting.

Mr. Ring contends that details are not being brought to the people. “A lot of things go on in this Town that is not discussed in public.”

Alderman Price felt a Needs Assessment Study was not needed until more information is gathered.

Shirley Pinto addressed Council providing more information on the Maggie Valley fireworks. Last year there were enough money in the fund to pay for the show. This year there are no funds for the fireworks or the new rental fee charged by Eagle Nest Entertainment. Mr. Wade Reece offered to donate the $1,500 rental fee if monies were donated for the fireworks display. Ms. Pinto encouraged everyone to talk to the business owners about making a donation.

NC Grant funding was provided Heritage Tourism. Ms. Pinto will keep the Board informed.

Haywood County and the Maggie Valley Chamber are working together as a team to help increase tourism throughout the area.

Dan Massey again asked that a professional be hired to carry out the Buxton Company’s results or the Town will have another expensive study (Driving Miss Maggie) sitting on a shelf. Mr. Massey asked Council to attend the next Parks, Recreation, Festival Advisory Committee meeting when several business owners plan to attend and will be requesting that events that compete with local merchants not be held on the Festival Grounds.

ON MOTION BY ALDERMAN ALDRIDGE, COUNCIL WENT INTO CLOSED SESSION FOR THE PURPOSE OF DISCUSSING ECONOMIC DEVELOPMENT INCENTIVES

MOTION CARRIED UNANIMOUSLY.

Council entered closed session at 8:45 p.m.

Council came out of closed session at 9:24 p.m.

ON MOTION BY ALDERMAN ALDRIDGE, THE MEETING ADJOURNED AT 9:25 P.M.

MOTION CARRIED UNANIMOUSLY.

____________________________________

Mayor Jo Pinter

________________________________

Vickie Best, CMC, Town Clerk