Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

May 4, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Linda Taylor

Phil Aldridge

Jim Higel

Members Absent: Aldermen Marcus Fields

Staff Present: Manager Scott Buffkin, Attorney Chuck Dickson, and Town Clerk Vickie Best

Approximately 15 people were in attendance

Mr. James Carver gave the invocation and led the audience in the pledge of allegiance.

Meeting Called to Order

Mayor Pinter called the meeting to order at 1:35 p.m. on Tuesday May 4, 2004 in the Town Hall Boardroom.

Public Comment Period

Mayor Pinter invited everyone to attend a celebration of the opening of Maggie Valley Food Store on May 8, 2004 beginning at 10:00 a.m. There will be food and entertainment for everyone’s enjoyment.

Prayer Day will be held at the Maggie Valley Town Hall on Thursday May 6, 2004. Mayor Pinter encouraged everyone to attend.

Mayor Pinter explained the North Carolina State law regarding public meetings. NC law provides everyone the right to attend public official meeting but does not give them the right to interrupt. Mayor Pinter wrote a brief list of rules for public comment sessions and public hearings. Council will review and approve or correct the suggested rules at the next regularly scheduled meeting.

The public comment session will last no longer than 30 minutes unless by motion council extends the time. Each one speaking will be allowed 3 minutes. There will be a sign up sheet for anyone wishing to speak. Council reserves the right to decline answering questions or taking immediate action. Everyone will be respectful of others in order for council to carry on with business in a professional manner.

Mr. James Carver addressed council stating his concerns about the public comment session being second on the agenda consequently making it difficult to speak on items discussed later in the meeting.

In most cities the public comment session is held first to provide the public input prior to council taking action. Mayor Pinter stated that council wants input from the public and will try to recognize anyone wishing to comment from the audience if it does not create a disorderly meeting.

Ms. Judy Berg addressed the audience providing the dates and times of the upcoming centennial events beginning with the opening celebration; a birthday party at the Maggie Valley Post Office with special guest Bill Elliot.

Mr. Glen Wade, a resident of the Knolls subdivision, addressed council offering a history of his time living in Maggie Valley. Mr. Wade lives just outside the corporate limits but the impact of the motorcycle rallies and monster truck shows have a great impact on him and the surrounding neighbors. Mr. Wade considered making another investment in the area but is unsure now because of the noise that continually disrupts their lives. Mr. Wade asked council to consider the hardship created by these loud and disturbing events.

Mayor Pinter thanked Mr. Wade for his comments adding that she did not realize how the noise traveled up the mountainsides.

Mr. Dan Massey spoke on the issue agreeing that it is difficult to find a balance between the residential and business community. Maggie Valley is a tourist town and the motorcycle rallies bring in several million dollars that is much needed in the area. The business owners are having a difficult time due to the economy. There are not enough events to pick and choose from so early in the development of the festival grounds. Mr. Massey stressed that council has got to help businesses survive in a tourist town.

Consent Agenda

Minutes: March 9, 2004

March 11, 2004

March 16, 2004

Alderman Taylor asked that a correction be made to page 4 of the March 16, 2004 minutes. The paragraph reads:

Alderman Taylor stated that the solution would be for the residents to petition the town to approve their roads assess the property owners; accept dedication of the road and then the town would receive Powell Bill funds to maintain.

The petition would be to improve the roads not approve.

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION NOTED.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

Set Public Hearing for Request to be Rezoned from R2 to R3

Robert Ledford, the owner of Landmark Builders Inc. has requested that his property located off Melody Lane be rezoned from Residential 2 to Residential 3. Mr. Ledford has gotten approval from the planning board (February 9, 2004) based on the availability of sewer to the top of the property. The property is located adjacent to Raven Ridge Subdivision.

ALDERMAN TAYLOR MADE A MOTION TO SET JUNE 1, 2004 AS THE DATE FOR THE PUBLIC HEARING.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

Community Center Rental Rates

Mayor Pinter explained that several employees have asked her to look into increasing the community center rental rates. The town is loosing money because the fee does not cover the cost of electric, heat, clean up, and bathroom supplies.

The non-profit organizations are not charged to use the community center. The quilter’s guild and basket making class are not charged.

There is increasing numbers of out- of- town /out-of-state people reserving the facilities for family reunions, wedding receptions, etc.

After reviewing the proposed fee scheduled council determined that there should be a greater difference between out-of-town- rates and residents rates. The Maggie Valley Community at large will have a cheaper rate not just the residents within the corporate limits. This is a community center and the community built it therefore everyone should feel welcomed. Mayor Pinter suggested having winter rates and summer rates due to the cost of heating.

The fee schedule will be revised and presented to council at the next meeting.

Update on Phase 2 of Streetscape Project

Mr. Dale Pennell with McGill Association addressed council stating that he had conducted several meetings with NCDOT. Previously council directed Mr. Pennell to talk with NCDOT about placing lights within the street islands. Mr. Pennell proudly reported that after meeting with the NCDOT design people in Raleigh that the islands in Maggie Valley are perfectly designed, spaced and sized. McGill Associates are doing a streetscape project for the Town of Murphy and Maggie Valley is being used as the design example.

NCDOT has approved break-away pedestrian lighting in the islands. The electric will be piped underneath the pavement in conduit. NCDOT also approved additional signage instructing traffic to merge around the island.

Alderman Higel felt that the lighting should be added but additional signs would not help with aesthetics.

Although no one wants to distract from the beautification program there are problems with traffic coming off Soco Mountain when people are not aware the islands are there. The same as the island/crosswalk at the Baptist Church; some people have the tendency to drive in the turn lane.

NCDOT prefers the lights be placed in the safe area on the crosswalk rather than at the end of the island. The intent is to light the walkway rather than traffic area.

The approximate cost of each light is $4,500. Mr. Pennell agreed that the lights are expensive but to lease the lights is approximately $50 a month with the possibility of an increase.

Mr. Pennell suggested seeing how far the grant money can be stretched. Two years ago the crosswalks cost approximately $18,000 each without lighting. There will be four crosswalks between Evans Cove Road and Moody Farm Road and one located at Tony’s Tube World at the west end of town.

Ms. Marianne Smith questioned increasing the height of the plantings making the areas more noticeable.

NCDOT requires the planting to be below eyelevel for compact cars. The vegetation planted in the existing islands has not yet matured. Alderman Taylor felt that color was needed without blooms such as colorful shrubs.

Council discussed getting input from the public on what kind of plantings should go into the islands. The discussion then led to organizations, homeowners associations, etc adopting a crosswalk thus providing additional donations for beautification.

Mr. Pennell reported that the next grant is due June 4, 2004. The Town of Maggie Valley can submit application for additional islands at the east end of town. A response on the enhancement funding generally takes two to three months.

Mayor Pinter suggested asking for two lights for each island but accepting one light if necessary.

Mr. Pennell stated that when enhancement projects are successful NCDOT is encouraged to provide more funding. In the past NCDOT was in opposition to narrowing the lanes as a result slowing traffic and providing a bicycle lane. NCDOT has now changed their view as long as the lanes are consistent. When US-19 is up for repaving would be the ideal time to narrow the lanes.

Mr. Jeff Smith spoke from the floor stating that additional islands would take from the footage needed for a bicycle lane.

Alderman Higel questioned how the enhancement money has been spent to date.

The first phase was to provide Moody Farm Road with a walking trail. Due to topography and rights-of-way this was not a possibility. The Town asked NCDOT permission to shift the funding to the streetscape project. Young and McQueen Construction Company agreed to consider the next phase as a continuation of the first phase.

Alderman Taylor asked that the new islands be constructed for lights to be added.

Mr. Smith again spoke from the floor asking that council give consideration to the business owners. Road construction during the tourist season creates hardships on the surrounding properties as was created for Jonathan Creek Inn during construction of the islands in October.

Mr. Pennell responded that Young and McQueen Construction Company is aware of the centennial celebrations this season and will not prepare for the project until the end of October after the color season.

ALDERMAN HIGEL MADE A MOTION TO APPROVE THE PROJECT AS DISCUSSED.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

ALDERMAN TAYLOR VOTED IN THE AFFIRMATIVE CLARIFYING THAT TWO LIGHTS PER ISLAND WOULD BE REQUESTED.

MOTION CARRIED.

Any remaining funds can be used for street trees.

ALDERMAN HIGEL MADE A MOTION TO PROCEED WITH APPLICATION FOR ENHANCEMENT GRANT FUNDING.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED.

The deadline for application is June 4, 2004. The Board will have their endorsement for Mr. Pennell by May 20, 2004.

Council recessed the meeting from 3:10 p.m. until 3:20 p.m.

Fiscal Year 2004-05 Budget Discussion

Information was provided in the agenda packet explaining the budget process.

Department heads have submitted their budget request for the upcoming year. The request form shows the amount budgeted last year per line item, amount of budgeted funds used, consequently providing the amount needed to increase or decrease.

Revenues will increase this fiscal year due to the Rich Cove and Campbell Creek annexations becoming effective. There are additional expenditures such as the festival grounds. Manager Buffkin asked that council provide him with direction as to what their goals are for the coming year. There have been discussions about constructing a new police department, maintenance building, etc.

Manager Buffkin can provide council a workable draft budget if goals and a projected tax rate are determined.

Manager Buffkin asked that council consider the previous discussions on road maintenance and sewer line extensions. Manager Buffkin went on to report that most agencies are giving a 2.5% cost of living allowance and suggested replacing the Maggie Valley trashcans along Soco Road. The cans have been painted and repaired numerous times.

Alderman Taylor asked that each councilmember receive a copy of the report completed by Alford Engineering for review.

Alderman Aldridge felt that if a road is a six foot logging road it should be maintained as a six foot logging road.

Manager Buffkin explained the Powell Bill Funding process. A portion of the money taken by the state through gas tax is earmarked to be returned to all municipalities in North Carolina based on length of roads meeting Powell Bill standards and population. The Town currently receives approximately $17,000 per year.

Powell Bill funds cannot be used for non-standard roads.

Alderman Taylor felt the town owed the people in the Hemlock Loop area because of the poor erosion control permitted on town owned property.

Alderman Higel felt that funds should be set aside to help maintain some of the substandard roads.

Mayor Pinter added that there are some areas that have been annexed that do not have sewer service. Alderman Taylor agreed adding that council needs to look at the areas where systems are beginning to fail.

Manager Buffkin gave a brief history of the sewer situation in the Woodlands Subdivision. The collection system was privately owned and operated. The state was in the process of closing the treatment facility. There were no maps or as-built plans for the collection system therefore making it impossible for the town to take responsibility for the system. The area is connected to city sewer but the collection lines are not considered to be Maggie Valley’s responsibility in the event of a problem. The town will assist as much as possible in cleaning lines and such.

Alderman Taylor concurred adding that systems are failing in the Wild Acres area and there is not enough room for repair area.

It was the consensus that sewer and roads would be the 2004-05 fiscal year budget primary goals.

The discussion then led to the need for additional space for the town hall, police department, and maintenance department. Alderman Higel suggested moving the playground to the festival grounds and constructing a maintenance building to the rear of the community center.

The land where the playground is located was purchased through a federal program. There are deed restriction such as if the playground were relocated it would need to be on land of similar size and location. The playground cannot be relocated to land the town already owns. Manager Buffkin was informed through a spokesperson that she had been doing her job for twelve years and had never seen a relocation approved.

Alderman Taylor offered the option of letting the police department have the municipal offices and relocate the maintenance department and the municipal offices.

The Town of Waynesville has hired a needs assessment person to look at their office space. Mayor Pinter directed Manager Buffkin to talk with the Town of Waynesville about the cost of hiring such a person as well as any insight available.

Alderman Taylor agreed because “We don’t want to bind future boards like we have been hindered with the $8,000 in federal funding for the playground.”

If a new building is approved, Manager Buffkin informed council, a capital project budget can be established outside the annual fiscal year budget.

Alderman Taylor reminded council that every year the project is delayed and another year that cost increase. “None of us have the expertise to assess the need.”

The consensus was to budget money for an expert.

As for the Community Center, the window replacement would pay for itself in lowering the cost of heating the building.

Money will need to be budgeted for the lighting project at the festival grounds as well as the sign. Manager Buffkin will provide three proposals for the sign as soon as possible.

Alderman Taylor suggested a rendering of what council wants the sign to look like and then when getting proposals “We will do away with apples and oranges”.

Mayor Pinter asked Manager Buffkin to provide specifics such as the durability, etc.

COUNCIL SCHEDULED A BUDGET WORKSHOP FOR THURSDAY MAY 13, 2004 AT 1:30 P.M. IN THE TOWN HALL BOARDROOM.

Other Business

The concession stand construction will begin next week.

The ABC Store has not transferred the requested money and there has been no response.

Council directed Manager Buffkin to inform the ABC Store that the funds need to be transferred immediately. Mr. Keller stated that it was his understanding that the funds would be transferred after the next ABC Board Meeting (3^rd Wednesday)

Alderman Aldridge questioned the status of the sign ordinance enforcement.

Manager Buffkin and Attorney Dickson are looking into the ownership of the signs at Quality Inn and Stonebridge Campground. Realty World will be replacing their sign.

Mayor Pinter asked that Attorney Dickson get a letter out to the property/sign owners as soon as possible. Alderman Taylor added that measures needed to be taken to ensure the town of recouping the expense of legal fees.

Mr. James Carver asked to address the board regarding the proposed Community Center fee increase. Again Mr. Carver stressed his concerns about the public comment session being first on the agenda making it hard for people to comment on items discussed afterwards. Referring to community center rental rates, Mr. Carver reminded council that a lot of local people not inside the corporate limits use the center. “Local people built this building and everyone felt that sooner or later the building would be turned over to the community the same as Haywood County turned Fines Creek School over to the community. It is better to not charge the community people.”

Alderman Taylor explained that there will be a reduced rate for people within the Maggie Valley area.

Mr. Carver responded that the basket class feels that they have been pushed out. Mr. Carver went on to question the board about Alderman Fields missing yet another meeting. “We have four aldermen and a mayor; it is the obligations of this board to have the attorney write Mr. Fields a letter requesting his attendance or resignation. Ask the attorney to contact the Attorney General of North Carolina.”

Manager Buffkin responded that it is his belief that there is nothing the board can do to compel Alderman Fields to come to the meetings.

Alderman Taylor clarified again that the community center rental rates have been tabled and that it is understood that there will be a different fee charged to the Maggie Valley area residents. Alderman Taylor directed Manager Buffkin to see that staff understands the Maggie Valley area residents not just residents within the corporate limits. Alderman Taylor added that Manager Buffkin could contact Alderman Fields and possibly spur him to come to the meetings due to the concerns among the community. “Ernie Ulmer missed meetings for over a year and then after being re-elected he resigned.”

ALDERMAN HIGEL MADE A MOTION TO GO INTO CLOSE SESSION FOR THE PURPOSE OF DISCUSSING A PERSONNEL ISSUE.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MAYOR PINTER ANNOUNCED THAT NO ACTION WOULD BE TAKEN AFTER COMING OUT OF CLOSE SESSION.

MOTION CARRIED.

Council went into close session at 5:15 p.m.

Meeting adjourned at 5:30 p.m. on motion by Alderman Aldridge, seconded by Alderman Taylor.

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Jo Pinter, Mayor

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Vickie Best, Town Clerk