Town of Maggie
Valley
Regularly
Scheduled Board of Aldermen Meeting
April 5, 2005
MINUTES
Members Present: Mayor Jo Pinter Aldermen: Roger McElroy
Linda Taylor
Mark DeMeola
Phil Aldridge
Staff Present: Manager Bob Shepherd, Public Works Director Mike Mehaffey, Police Chief Scott Sutton and Town Clerk Vickie Best
Others Present: Approximately 25 people
Meeting Called to Order
Mayor Pinter called the meeting to order at 1:35 p.m. on Tuesday April 5, 2005 in the Town Hall Boardroom.
Public Comment
There were no comments from the floor.
There have been discussions regarding the hiring of the Van Winkle Law Firm. There was a verbal agreement with the firm and the Town was billed at the Firm’s regular hourly rate. Attorney Craig Justice met with the Town Council during a closed session meeting regarding Grace Fisher/ James Blyth vs. the Town of Maggie Valley lawsuit.
Mayor Pinter stated that a formal motion to hire the firm was never made.
Alderman Taylor stated that she has not seen a contract or have knowledge of an hourly rate.
Alderman McElroy felt, that during the closed session with Attorney Justice, there was a consensus.
ALDERMAN MCELROY
MADE A MOTION TO RATIFY THE AGREEMENT WITH THE VAN WINKLE LAW FIRM.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED
Signing of Town Checks
Mayor Pinter may be periodically unavailable in the near future to sign checks. Two signatures are required on Town issued checks. The Clerk and an elected official signs checks in order to maintain checks and balances within the financial process.
ALDERMAN DEMEOLA
MADE A MOTION TO AUTHORIZE ALDERMAN MCELROY TO SIGN TOWN ISSUED CHECKS.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Discussion on Rescinding “Roberts Rules of Order” and
Adopting “Suggested Rules of Procedure for Small Local Government Boards”
Several Council members attended a seminar presented by the Institute of Government. The attending Council members found the seminar very informative and felt the Rules of Procedure would work better for a small board.
Council directed the clerk to make copies of the book distributed at the seminar for Council to review and vote on at the next Aldermen Meeting.
Request to Use Festival Grounds: Fall
Rally-In-The-Valley: Gene Lummus
Mr. Lummus is requesting the festival grounds for September 16 and 17. No police incidents have been associated with this event. Mr. Lummus hires police officers for security. Paperwork, fees and deposits have been received in a timely manner for previous events. September is generally considered a slow month for tourism.
ALDERMAN ALDRIDGE
MADE A MOTION TO APPROVE THE EVENT.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Maggie Valley Resort: Petition of Annexation
The Clerk issued a Certificate of Sufficiency. The Planning Board approved a Planned Unit Development overlay of the area.
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE RESOLUTION NO.
05-9 SETTING THE DATE FOR THE PUBLIC HEARING.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
RESOLUTION NO. 05-9
RESOLUTION FIXING DATE OF PUBLIC HEARING ON QUESTION
OF ANNEXATION
PURSUANT TO § 160A-31
Whereas, a petition requesting annexation of the area described herein has been received; and
Whereas, the Board of Aldermen has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and
Whereas, certification by the Town Clerk as to the sufficiency of the petition has been made;
Now, Therefore, Be It Resolved by the Board of Aldermen of the Town of Maggie Valley, North Carolina that:
Section 1. A public hearing on the question of annexation of the area described herein will be held at the Maggie Valley Town Hall at 5:30 on April 19, 2005.
Section 2. The area proposed for annexation is described as follows:
Belonging to Maggie Valley Resort, LLC
Deed Book & Page Parcel #
561/837 7697-61-7398
484/1676 7697-50-0226
609/781 7697-50-3560
512/2068 7697-52-1251
7697-43-9115
Section 3. Notice of the public hearing shall be published in the Enterprise Mountaineer, a newspaper having general circulation in the Town of Maggie Valley, at least ten (10) days prior to the date of the public hearing.
Petition to Annex: The Preserves: Phase III and IV:
Ron Hooker
These parcels are the remaining phases of The Preserves of Jonathan Creek. Phases I and II have been annexed.
ALDERMAN
TAYLOR MADE A MOTION APPROVING RESOLUTION NO 05-10 DIRECTING THE CLERK TO
INVESTIGATE THE SUFFICIENCY.
ALDERMAN MCELROY
SECONDED THE MOTION.
MOTION CARRIED.
Resolution No. 05-10
RESOLUTION
DIRECTING TOWN CLERK TO INVESTIGATE
AN
ANNEXATION PETITION RECEIVED PURSUANT TO N.C.G.S. 160A‑58
WHEREAS, a petition requesting annexation of an area described in said petition was received on March 22, 2005 by the Town of Maggie Valley; and
WHEREAS, N.C.G.S. 160A‑58.2 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings can take place; and
WHEREAS, the Board of Aldermen of the Town of Maggie Valley deems it advisable to proceed in response to this request annexation.
NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the Town of Maggie Valley that:
The Town Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the Town Board the results of her investigation.
Preserve At Jonathan Creek
This the 5 day of April, 2005.
Greenways Advisory Committee Appointments
Manager Shepherd informed Council that five more applicants are needed to complete the ten-member board. The following members from the previous Greenway Committee have agreed to serve again.
P Mahlonh Colburne
P Rick Mahoney
P Joe Moody
P Debra Pierce
P Roger McElroy (Board Liaison)
Manager Shepherd suggested asking the candidates, applying to serve on the Festival Committee, if they would be interested in serving on the Greenways Committee.
Mayor Pinter stated that since Alderman McElroy is spearheading the committee she felt he should appoint his committee members.
Alderman McElroy explained that he agreed to serve in an advisory capacity, not as a full member. Alderman McElroy would like to see the committee elect their chairperson. Alderman McElroy asked that the festival applicants be contacted to see if they would accept appointment to the Greenways Advisory Committee.
Mayor Pinter asked for a motion to make the appointments of the original members willing to serve again.
Alderman Taylor stated that she would like to see Bill Galloway, resident of the Villa L’ Abri Subdivision appointed as a member, especially since the waterfalls and adjacent land was donated to the town by the Villa L’ Abri homeowners.
ALDERMAN TAYLOR
MADE A MOTION TO AUTHORIZE MAYOR PINTER TO MAKE THE APPOINTMENTS TO THE
VOLUNTEER ADVISORY COMMITTEE.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Tentative Dates for Budget Workshops
_ May 3rd Present budget draft to the Board of Aldermen
_ May 10 Budget Workshop 1:30 p.m.
_ May 31, 2005 Budget Workshop 1:30 p.m.
More workshops will be scheduled as deemed necessary. The Final Budget and Five Year CIP should be adopted on or before June 21, 2005.
ALDERMAN TAYLOR
MADE A MOTION TO ADOPT THE BUDGET CALENDAR AND ASSURE THE PUBLIC THAT ONLY THE
BUDGET WILL BE DISCUSSED.
ALDERMAN MCELROY
SECONDED THE MOTION.
MOTION CARRIED.
Schedule Public Hearing for Subdivision Amendments
Mr. Byrd explained that the Planning Board would be meeting on April 6. The Planning Board has worked on the Subdivision Ordinance since November. The amendments are now in final form.
Alderman Taylor asked that council get a highlighted copy of the proposed changes.
ALDERMAN DEMEOLA
MADE A MOTION TO SCHEDULE A PUBLIC HEARING FOR APRIL 19.
ALDERMAN MCELROY
SECONDED THE MOTION.
MOTION CARRIED.
Council took a brief break from 2:30 p.m. until 2:45 p.m.
Schedule Public Hearing for Rezoning of Twin Brook
Resorts
The request by Twin Brook Resort is to be rezoned from R2 (Residential 2) to C1 (Commercial 1).The property has been used as commercial cabin rentals since being built.
Alderman Taylor stated that the Planning Board should come to the Board of Aldermen with a recommendation. A rezoning request must carry by 4/5 vote to pass.
ALDERMAN ALDRIDGE
MADE A MOTION TO REFER THE MATTER TO THE PLANNING BOARD AND SCHEDULE A PUBLIC
HEARING FOR MAY 3.
ALDERMAN MCELROY
SECONDED THE MOTION.
Alderman Taylor had concerns about setting precedence on scheduling a public hearing prior to getting a recommendation from the Planning Board.
ALDERMAN DEMEOLA
MOVE TO CALL TO QUESTION
ALDERMAN DEMEOLA
VOTED IN THE AFFIRMATIVE.
ALDERMAN TAYLOR
OPPOSED
MAYOR PINTER
OPPOSED.
MOTION CARRIED BY
MAJORITY.
Acceptance of Bids For Air Conditioning in Auditorium
Air-Rite $7,200
Barth $8,975
Ledbetter $9,000
Wight $9,500
ALDERMAN ALDRIDGE
MADE A MOTION TO ACCEPT THE LOWEST BID FROM AIR- RITE
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Mr. Kyle Edwards asked to address the Council.
Council agreed to hear his comments.
Mr. Edwards recommended Air- Rite as well. The purpose of Mr. Edwards’ request to address the Board was to tell them the important roll that the K9 has within the community. He felt it would be a disservice to the pubic if the K9 program was discontinued.
Alderman Taylor wanted to clarify her previous statements regarding the rezoning of the Twin Brook Resort property. Alderman Taylor’s concerns had nothing to do with family but rather procedures.
Manager’s Report
Manager Shepherd reported that he would be meeting with representatives from the Pigeon River Grant Funding Organization on April 21 at the Villa L’ Abri property.
The Local Bill is moving forward through the Senate.
Alderman DeMeola commended Mike Mehaffey and Manager Shepherd on the excellent presentation and was proud when the Bill passed through the House of Representative by unanimous vote.
Alderman Taylor spoke on US-19 leading into Cherokee and her efforts to get funding to complete the project, going on to highlight the importance due to safety concerns. Alderman Taylor will ask for help from Senator Dole’s office.
Alderman Taylor apologized to the audience for being absence from the Board of Aldermen Special Called Meeting. Alderman Taylor was out of Town for 56 hours and was not notified in the proper manner.
ON MOTION BY
ALDERMAN MCELROY, THE MEETING ADJOURNED AT 3:10 P.M.
Mayor Jo Pinter Vickie Best, CMC, Town Clerk