TOWN OF MAGGIE VALLEY

REGULARLY SCHEDULED BOARD OF ALDERMEN MEETING

APRIL 18, 2006

MINUTES

 

Members Present:       Mayor Jo Pinter, Aldermen: Roger McElroy, Mark DeMeola, and                                     Saralyn  Price

Members Absent:       Aldermen Phil Aldridge

Staff Present:              Manager Tim Barth, Pubic Works Director Mike Mehaffey,                                                Planning Director Nathan Clark, and Town Clerk Vickie Best

Others Present:           Nine People

 

Meeting Called to Order

Mayor Pinter called the meeting to order at 6:37 p.m. in the Town Hall Boardroom.

 

Consent Agenda

a.Certificate of Sufficiency:  Wendy & Louis Crayton,

Resolution No. 06-38, Setting Date for a Public

Hearing:  Wendy & Louis Crayton, #2 Big Springs Cove

Estates, Parcel #7697-22-5828 (0.9203 acres) and #1 Big

Springs Cove Estates, Parcel #7697-22-6487 (2.0184 acres):

May 16, 2006 at 6:30 p.m.

b.  Certificate of Sufficiency:  Gary & Lisa Pike,

Resolution No. 06-39 Setting Date for a Public

Hearing:  Annexation for Gary & Lisa Pike,

Lot #9 Club West Ridge, Parcel #7696-48-9627

(0.6445 acres):  May 16, 2006 at 6:30 p.m.

c.  Setting May 16, 2006 as the date for a public hearing on a

rezoning for Steven Myers, 114 Phillips Road,

Parcel #8607-11-8942

c.  Correction and Approval of Minutes for April 4, 2006.

d.  Tax Releases.

 

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

MOTION CARRIED UNANIMOUSLY.

 

Appearance of Lynn Collins to Introduce a New Chamber of Commerce Employee

Maggie Valley Chamber Director Lynn Collins introduced the new Events Coordinator Ashley Mullis.  Ms. Mullis is from Charleston South Carolina where she served in a similar capacity.  Ms. Mullis now lives in Waynesville.  Ms. Collins stated that her first week on the job has been very productive and that she anticipates great achievements with Ms. Mullis working for the Maggie Valley Chamber.

 

Public Hearing on Annexation of Nicholas Powers , 3618 Dellwood Road Parcel ID #8606-29-0312

Mayor Pinter opened the Public Hearing at 6:39 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:40 p.m.

 

ALDERMAN MCELROY MADE A MOTION TO APPROVE ORDINANCE 454 ANNEXING THE PARCEL.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Annexation of Craig & Sandra Capano 504 Brannon Forest Drive Parcel ID # 7697-76-1000

Mayor Pinter opened the Public Hearing at 6:41 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:42.

 

ALDERMAN DEMEOLA MADE A MOTION TO APPROVE ORDINANCE 455 ANNEXING THE PARCEL.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Annexation of KGC, LLC 139 Saddle Drive Parcel ID # 7697-21-2522

Mayor Pinter opened the Public Hearing at 6:42 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:42 p.m.

 

ALDERMAN PRICE MADE A MOTION TO APPROVE ORDINANCE 456 ANNEXING THE PARCEL.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Annexation of James Cox, 47 The Trail, Parcel ID # 7697-51-2026

Mayor Pinter opened the Public Hearing at 6:43 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:43 p.m.

 

ALDERMAN MCELROY MADE A MOTION TO APPROVE ORDINANCE 457 ANNEXING THE PARCEL.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Annexation of Blue Ridge Land Development LLC

#7 Country Club Cove, Parcel # 7697-21-23-90 & # 217 Paso Fino Drive, Parcel # 7697-02-8274

Mayor Pinter opened the Public Hearing at 6:44 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:44 p.m.

 

ALDERMAN DEMEOLA MADE A MOTION TO APPROVE ORDINANCE 458 ANNEXING THE PARCELS AS DESCRIBED.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Annexation of Tamara & Hugh Williams, 40 Williams Way Parcel # 7697-50-5498

Mayor Pinter opened the Public Hearing at 6:45 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:45 p.m.

 

ALDERMAN PRICE MADE A MOTION TO APPROVE ORDINANCE 459 ANNEXING THE PARCEL.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Annexation of Marlene Blalock, 42 Williams Way Parcel ID # 7697-50-5761

Mayor Pinter opened the Public Hearing at 6:46 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:46 p.m.

 

ALDERMAN MCELROY MADE A MOTION TO APPROVE ORDINANCE 460.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Annexation of Jason Wilkerson, Lot #90 Brannon Forest Parcel # 7697-75-4208

Mayor Pinter opened the Public Hearing at 6:47 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:47 p.m.

 

ALDERMAN DEMEOLA MADE A MOTION TO APPROVE ORDINANCE 461.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Annexation of Stanley & Kathleen Bockoski, 84 Sparkleberry Ridge Parcel # 7697-75-2204

Mayor Pinter opened the Public Hearing at 6:48 p.m.

There were no comments from the floor.

The Public Hearing closed at 6:48 p.m.

 

ALDERMAN MCELROY MADE A MOTION TO APPROVE ORDINANCE 462.

MOTION CARRIED UNANIMOUSLY.

 

Public Hearing on Amending the Zoning Ordinance in Regard to Outdoor Sales

Mayor Pinter opened the Public Hearing at 6:49 p.m.

 

Manager Barth explained that it has now come to staff’s attention that Eaglenest Entertainment has had outdoor sales at several events during the last two years. The General Manager has scheduled events for 2006 that will include outdoor sales. Unknowingly, a motorcycle rally is scheduled for the same weekend that Thunder in the Smokies motorcycle rally is scheduled on the Festival Grounds. Ordinance 463 will amend Ordinance 350 by allowing outdoor sales other than on the Festival Grounds.

The proposed amendment will allow “for profit entertainment and convention facilities” such as Eaglenest Entertainment, the Stompin Grounds, and Diamond K to have outdoor events with vendors.  The more events that take place in Maggie Valley, the more people  will visit the area. Manager Barth felt the amendment would not negatively impact Maggie Valley. Manager Barth summarized a letter submitted by Charlie Cobble, President of Auto Shows and Motor Sport Events. (see attachment 1)

 

The Planning Board has approved the proposed revision.

 

The amendment would apply to events, conferences, and festivals only.

 

Ms. Selena Keller, the General Manager of Eaglenest Entertainment, addressed Council stating that this came as a surprise to her since they have had outdoor vendors in the past.  

Ms. Keller was also surprised at Mr. Cobble’s letter, since Eaglenest Entertainment brought in entertainment specifically for his truck show.  Eaglenest Entertainment  is not in competition with the Festival Grounds but rather an enhancement providing visitors an option. Eaglenest Entertainment is and will continue to be a family oriented business that does not sell alcohol. 

 

Marion Hamel addressed Council on behalf of Charlie Cobble and Gene Lummus. These two promoters are paying the Festival Grounds fees, advertising fees, and abiding by the regulations. If this proposed amendment passes, anyone could go rent the parking lot at the Stompin Ground at a cheaper cost, without regulations and/or advertising. These people would be “coat-tailing” on the actual event.

 

Mr. Lummus had planned to have four events next year, but now, according to Ms. Hamel, he has changed his mind.

 

Dan Massey addressed the board asking that the Parks, Recreation, Festival Advisory Committee have the opportunity to discuss the issue and possibly come up with a solution. The Festival Board does not want to hurt any business and only wishes to be fair.

 

Mr. Massey has experience in towns/cities where there is a lot of competition as well as places that do not have competing events.

 

Tammy Brown, Chairman of the Parks, Recreation, Festival Advisory Committee, asked if Council could make a special exception for the Eaglenest Entertainment Rally on April 28th and then the PRFAC will discuss the issue at the next regularly scheduled meeting.  

 

Ms. Keller explained that her facility has plans in place for the remainder of this year and next year.

 

Wade Reece stated that there are two separate issues; one is if outdoor vending will be allowed and the other issue is other events competing with the festival grounds. If Council makes an improper decision, Maggie Valley will loose both Gene Lummus and Charlie Cobble.

 

Thunder in the Smokies is the same weekend as the Sonny Productions Harley Rally.  That is in direct competition.  The Gold Wing Rally scheduled for May 11th is not competing. This is the second year that the Gold Wing Rally has been to Eaglenest Entertainment.

 

Mr. Keller spoke about Eaglenest Entertainment competing with a government entity rather than another businesses.  The spirit of the ordinance should be to protect the businesses within the Town that pay taxes.    Thunder in the Smokies Rally is the same weekend as the Cherokee Rally.

 

The Sonny Productions Rally has been scheduled since August of 2005.

 

Council discussed different options.

 

The majority of the members felt the promoters at the Festival Grounds should have some type of protection from others “riding their coat-tails”. 

 

There were concerns about the impact on residents with so many motorcycle rallies coming to Maggie Valley.  Alderman Price suggested letting the promoters bid for a motorcycle rally and only allow two per year.

 

Manager Barth stated that Council could allow special exceptions based on the information presented by the promoter.   

 

Mr. Lummus and Mr. Anthony assumed they would be the only event in town.

 

Special event permits seemed to be the only solution at this time. The promoter would appear before the PRFAC and would have the right to appeal to the Board of Aldermen.

 

ALDERMAN MCELROY MADE A MOTION THAT FOR PROFIT ENTERTAINMENT AND CONVENTION FACILITIES MUST OBTAIN A SPECIAL EVENT PERMIT IN ORDER TO HAVE OUTDOOR SALES.

MOTION CARRIED UNANIMOUSLY.

 

Council took a break from 8:22 p.m. until 8:30 p.m.

 

Council does not want duplicate events during the same timeframe. Promoters spend a lot of money and time setting up events.

 

ALDERMAN MCELROY MADE A MOTION TO GRANT EAGLENEST ENTERTAINMENT A SPECIAL EVENT PERMIT BASED ON THE CONDITIONS DISCUSSED AND FOR THE PRFAC TO MEET ASAP TO DISCUSS MAKING CONCESSIONS TO MR. ANTHONY.

MOTION CARRIED UNANIMOUSLY.

 

Chairman Tammy Brown called a PRFAC meeting for Friday, April 21 at 11:00 a.m.

 

Consideration of an amendment to the Terms of Use Section of the Festival Grounds Application

The proposed changes are as follows:

@ Thirty days prior to getting the keys to the Festival Grounds for their event, the applicant must submit an advertising plan showing a minimum of $4,000 worth of advertising and within 30 days following the event, must have proof of such advertising or pay the difference between the amount deposited and the $5,000 total.

 

@Complimentary and free tickets will not be allowed to compensate as advertising toward the $4,000 in advertising expense necessary in order not to have to pay any additional amount for use of the Festival Grounds.

 

@ Any expense and legal fees incurred by the Town for the recovery of unpaid fees are the sole responsibility of the applicant.

 

@The applicant must have cleared the Festival Grounds of all their equipment and other items by nightfall of the day after the event or face a penalty of $500 per day for every day that their equipment remains.

 

There would be exceptions, for example, equipment/ etc cannot be moved due to inclement weather.

 

ALDERMAN MCELROY MADE A MOTION TO APPROVE THE ADDED PROVISION TO THE FESTIVAL GROUNDS RENTAL APPLICATION.

MOTION CARRIED UNANIMOUSLY.

 

Consideration of Approving a Contract with the NCLM to Have a Pay and Classification Study Performed.

Manager Barth explained that there are positions that do not have a job description.  The last classification plan was performed in 1999. This would allow the Town to have up to date salary data to compare positions.  The study will not be completed by July 1. The study cannot be completed in house due to a lack of time and work force.  Studies of this nature should be completed by an outside party.

 

ALDERMAN PRICE MADE A MOTION TO APPROVE THE STUDY.

MOTION CARRIED UNANIMOUSLY.

 

Report on the Streetscape Project Phase II.

Manager Barth reported that the Engineering firm has bid-out the job twice. Both times only one contractor applied. The Town has approximately $110,000 budgeted; the bid came in at over $300.000. In order to be within the ballpark of the budgeted funds, the Town would have five crosswalks without islands.

 

Manager Barth would like to have more time to talk with NCDOT, make some cuts to the project and go to bid again. A letter to NCDOT requesting an extension would be required.

 

ALDERMAN PRICE MADE A MOTION TO POSTPONE THE PROJECT UNTIL MORE INFORMATION IS AVAILABLE.

MOTION CARRIED UNANIMOUSLY.

 

The project could begin in late fall.

 

Manager’s Report

&On May 26, 2006, the Western Carolina University students will be doing their presentation from 6:00 until 9:00 p.m. Because the students have worked so hard on the project, WCU will recognize them by having a dinner on May 27th.  Manager Barth suggested Alderman DeMeola attend the reception representing the Town.

 

Council agreed.

 

&The Planning Board will conduct a workshop on April 27, 2006 from 9:00 a.m. until 2:00 p.m.  Mr. Jeffery Willet from Community Assistance will attend to discuss appearance, design control and a town center.  Anyone may attend.

 

&Election Day is May 2, the same day as the regularly scheduled Board of Aldermen Meeting.  The Council meeting will be held in the Flossy White room.

 

Other Business

FAlderman DeMeola stated that based on information he has discovered, he would like to rescind his motion regarding the discussion on requiring restrooms for park models/ RV Parks indefinitely until more information is gathered. 

 

ALDERMAN DEMEOLA MADE A MOTION TO INDEFINITELY POSTPONE THE DISCUSSION ON PARK MODELS/RVS UNTIL THE PLANNING BOARD HAS TIME TO FURTHER RESEARCH THE ISSUE IN ORDER FOR COUNCIL TO MAKE A MORE INFORMED DECISION.

MOTION CARRIED UNANIMOUSLY.

 

FManager Barth explained that the one mower the Town owns broke down and a part had to be ordered.  This put the Public Works Department behind on mowing at a  critical time. The Public Works Department was going to ask for a mower in the 2006/07 budget but due to the amount of mowing being done and the expected increase in mowing at Jonathan Valley Elementary, the Town would be hard-pressed to wait.  There is a Toro Mower with zero turn radiuses that can be purchased through State Contract.

 

ALDERMAN MCELROY MADE A MOTION TO APPROVE THE PURCHASE OF A NEW MOWER THROUGH STATE CONTRACT.

MOTION CARRIED UNANIMOUSLY.

 

Public Comments

Selena Keller addressed Council, thanking them for their consideration on the Sonny Productions Harley Rally.  The Gold Wing Rally scheduled for May 11th will have outdoor vendors and a outdoor concert is scheduled for August 26.

 

These events would not be duplicating any other event at the festival grounds.

 

ALDERMAN PRICE MADE A MOTION TO APPROVE THE TWO EVENTS AS LONG AS THERE IS NO DUPLICATION ON MAY 11 AND AUGUST 26.

MOTION CARRIED UNANIMOUSLY.

 

ON MOTION BY ALDERMAN MCELROY, WITH ALL IN FAVOR, THE MEETING ADJOURNED AT 9:12 P.M.

 

 

_____________________________

Mayor Jo Pinter

 

 

 

_____________________________

 Vickie Best, CMC, Town Clerk