Town of
Regularly Scheduled Board of
Aldermen Meeting
June 27, 2007
5:30 p.m.
MINUTES
Members Present: Mayor Roger McElroy, Aldermen: Saralyn Price, Mark DeMeola, Colin Edwards, and Phil Aldridge
Staff Present: Manager Tim Barth, Attorney Chuck Dickson, Public Works Director Mike Mehaffey, Finance Director Shayne Wheeler, Planning Director Nathan Clark, Police Chief Scott Sutton, and Town Clerk Vickie Best
Others Present: 36 people in attendance
1. Meeting Called to Order.
Mayor McElroy called the meeting to order at 5:38 p.m. in the Town Hall Boardroom.
Mayor McElroy asked if two additional items could be added to the agenda, 1. discussion on Resolution 07-35 supporting Haywood County purchasing land on Jonathan Creek for recreation, and 2. a closed session to discuss personnel.
ALDERMAN EDWARDS
MADE A MOTION TO ADD THE ITEMS TO THE AGENDA.
MOTION CARRIED
UNANIMOUSLY.
2. Consent
Agenda
a. Certificate of Sufficiency: Kathleen Pickrel,
Lot 31
(0.56 acres): Resolution No. 07-27, Setting a date for a
Public Hearing on July 10, 2007 at 3:30 p.m.
b. Certificate of Sufficiency:
Steve & Emma Hughes, Lot 13 Big Springs Cove Estates, Parcel #7697-12-8385 (1.1173 acres)
Michael & Paivi Kaufman, Lot 3 Big Springs Cove Estates, Parcel #7697-22-3278 (1.5634 acres)
Donald & Laura Hagan, Lot 5 Big Springs Cove Estates, Parcel #7697-22-0285 (0.9432 acres)
Brian Benedict, Lot 7 Big Springs Cove Estates, Parcel #7697-21-0706 (1.2358 acres)
Brian Benedict, Lot 12 Big Springs Cove Estates, Parcel #7697-22-0456 (1.7038 acres)
Brian Benedict, Lot 11 Big Springs Cove Estates, Parcel #7697-12-7059 (1.8075 acres)
Brian Benedict, Lot 6 Big Springs Cove Estates, Parcel #7697-11-9948 (1.1592 acres)
Sharon Benedict, Lot 4 Big Springs Cove Estates, Parcel #7697-22-1125 (0.7075 acres)
Resolution No. 07-28, Setting a date for a
Public Hearing on July 10, 2007 at 3:30 p.m.
c. Petition for Annexation: Kimlee Toplitz,
(0. acres): Resolution No. 07-30,
Directing Clerk to investigate an annexation petition.
d. Resolution No. 07-31- Resolution of Consideration for
Annexation.
e. Petition for Annexation: Daniel Crawford,
(0.993 acres): Resolution No. 07-32,
Directing Clerk to investigate an annexation petition.
f. Petition for Annexation: James & Sharon Franklin,
(0.52 acres): Resolution No. 07-33,
Directing Clerk to investigate an annexation petition.
g. Petition for Annexation: Calvin & Dana Blanksteen
190 Turn About Ct, Parcel 7697-86-2063,
(0.761 acres): Resolution 07-34,
Directing Clerk to investigate an annexation petition.
h. Ordinance 544 making the PRFAC a 7-member board with 1 alternate member
i. Correction and Approval of Minutes for June 5, 2007.
ALDERMAN DEMEOLA
MADE A MOTION TO ACCEPT THE CONSENT AGENDA AS PRESENTED.
MOTION CARRIED
UNANIMOUSLY.
3. Appearance
of Evelyn Lee regarding improvements to
Ms. Lee thanked Council for the Town getting the overgrowth
cut to provide site distance in the sharp curve on
Ms. Lee felt the Town of Maggie Valley annexed Kamping
Kountry RV park, therefore the Town should be responsible for the road
regardless of
4. Appearance
by the Board of Adjustment to request the fee for a variance be reduced.
Zoning Board of Adjustment Chairman
5. Discussion
regarding the use of the pavilion as a forum for free music performances.
Mr. Dan Massey addressed Council thanking them for tabling the issue until he could be present. Mr. Massey also informed Council that he had asked these people [approximately 18 to 20 people] to attend the meeting in his support. Mr. Massey also noted that Kyle Edwards, owner of the Stompin Ground, was not present. Mr. Massey asked Council if the issue was the money or the music.
Mayor McElroy explained that Council has received complaints from business owners because they feel their business cannot compete with free music and no “overhead”. The Town owns and maintains the pavilion.
The commercial rental rate is $200 per day, while the
non-profit rate is $10 per hour. Mr. Massey stated that after reviewing the fee
chart he should be paying $20 per hour but cannot afford to pay $200 for the
day when he only plays music for two hours.
Mr. Massey reminded Council that the Community Band plays
once a month at the pavilion. If it is the fact of having free music, then
there should not be music at the festival grounds. Mr. Massey, as a member of
the Parks, Recreation, Festival Advisory Committee, stated that several
businesses within town came to complain that the craft shows are taking
business from their stores. Craft shows
are still taking place on town property.
There must be competition; that is what
Alderman Edwards disagreed stating that he could not see the Town competing with taxpayers. Again, he clarified that Mr. Massey has no overhead and that once people sit for two hours listening to free music, visitors are not going to go pay to listen to music.
Mr. Massey has paid the $10 per hour rental fee through the first Friday in August. He has obtained insurance and has Granny’s Kitchen serving food. Mr. Massey felt the Town should rent the property and then leave people alone. Again, Mr. Massey compared the pavilion to activities taking place on the festival grounds such as craft shows.
Manager Barth stated that he feels the Town’s facilities should not be used for someone’s personal gain. Having an event that is a commercial event is competing with taxpayers.
Mayor McElroy questioned Mr. Massey about performing on another night rather than Friday.
Mr. Massey stated that he would consider changing dates, but what kind of protection would he have that the same issue would not arise again.
Alderman Price agreed with Alderman Edwards, the Town should not provide a facility for people to compete with taxpayers.
A woman, present in Mr. Massey’s support group, spoke from the floor stating that she had been to all the entertainment establishments. “How many times can you go to the same place?” “The rules need to be the same for everyone; you allowed picking in the pavilion for several years.” The person also went on to say that every Wednesday she has to scrub tables for bingo because people rent the pavilion and do not clean it. A larger deposit should be charged to insure people clean the pavilion after their event.
Mayor McElroy asked that statements remain on the issue at hand.
Mr. Lackey, owner of Eagle Nest Entertainment, addressed Council stating that he has the highest regards for Kyle Edwards, but if a business cannot compete with free, then the owners need to rethink being in the business. Protectionism is difficult. Different activities are needed especially during this economy. Council gave approval in February and now is trying to take it away.
Alderman Price stated that in February, as a courtesy to the Civic Association, Mr. Massey was told to get approval from the Civic Association to use the kitchen.
Council agreed that it was a misunderstanding. Alderman Aldridge suggested looking at the fees schedule and the rental application to make any needed adjustments. The fee schedule does seem confusing.
Mr. Massey stated that the Town could price the pavilion, “so that no one can rent it”.
When asked his opinion, Town Attorney
ALDERMAN PRICE
MADE A MOTION TO ALLOW DAN TO CONTINUE WITH HIS ACTIVITIES AT THE CURRENT PRICE
THROUGH THE FIRST FRIDAY IN AUGUST AND THE BOARD WILL READDRESS THE APPLICATION
AND RENTAL FEE AND THEN DECIDE HOW TO MOVE FORWARD. ANY OTHER APPLICATION OF THIS TYPE SHOULD
COME BEFORE THE BOARD. IF IT IS A NON-PROFIT,
THE TOWN NEEDS THE PAPERWORK IN HAND STATING THAT THE STATE HAS GIVEN THEM A
NON-PROFIT STATUS.
MAYOR MCELROY,
ALDERMAN ALDRIDGE AND DEMEOLA VOTED IN THE AFFIRMATIVE.
ALDERMAN EDWARDS
OPPOSED.
MOTION CARRIED BY
MAJORITY.
6.
Consideration of an incentive arrangement with the Chamber of Commerce
to increase the number of events at the Festival Grounds.
Alderman Aldridge stated that at the time he asked this subject to be addressed he was not aware that the Town was allocating funds to pay a chamber employee to market the festival grounds.
ALDERMAN ALDRIDGE
MADE A MOTION TO TABLE THE ISSUE INDEFINITELY.
MOTION CARRIED
UNANIMOUSLY.
7. Consideration
of a proposal that the Mayor and Town Aldermen not be eligible to acquire
health insurance through the Town.
Alderman Aldridge felt that allowing Council members to participate in the employees insurance program could be detrimental to the over all premium. He gave the example of how the rates would be affected if he were on the Town’s insurance program with all of his serious health problems.
ALDERMAN EDWARDS
MADE A MOTION TO TABLE THE ISSUE FOR MORE RESEARCH AND A PUBLIC HEARING BEFORE
MAKING A DECISION.
MOTION CARRIED
UNANIMOUSLY.
8.
Consideration of approving a contract for audit services for FY 2006-07.
Dixon/Hughes PLLC has done an outstanding job for the
Town. Finance Director
ALDERMAN PRICE
MADE A MOTION TO APPROVE THE CONTRACT FOR THE AUDIT WITH
MOTION CARRIED
UNANIMOUSLY.
9. Consideration
of an official agreement with the Haywood
This is the normal contract between election boards and municipalities. The contract just puts the agreement in writing.
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE THE AGREEMENT WITH THE HAYWOOD
MOTION CARRIED
UNANIMOUSLY.
10. Discussion regarding adoption of an ordinance regarding vagrancy.
Now that the Town has purchased
Chief Sutton informed Council that he had poled different
departments and found this route the best in resolving vagrancy. The Town of
ALDERMAN PRICE
MADE A MOTION TO ALLOW THE POLICE DEPARTMENT TO ACT AS AN AGENT FOR THE
PROPERTY OWNERS THAT REQUEST ASSISTANCE REGARDING TRESPASSING ISSUES.
MOTION CARRIED
UNANIMOUSLY.
11. Officially
appointing Vickie Best, Town Clerk, as acting manager in the absence of the
Town Manager
Mayor McElroy informed Council that Ms. Best has already been doing this but a motion will officially allow her to sign time sensitive documents.
ALDERMAN ALDRIDGE
MADE A MOTION TO APPROVE VICKIE ACTING AS TOWN MANAGER IN THE ABSENCE OF
MANAGER BARTH.
MOTION CARRIED
UNANIMOUSLY.
Alderman Price asked that a job description be created for an assistance manager. “It would be good if Vickie could be an assistant to the manager and take some of the burden off the Town Manager.”
11. Budget
Amendments.
The budget amendment is to pay Officer David Dallas for his vacation time in the event he is no longer an employee after the workmen’s compensation hearing.
ALDERMAN ALDRIDGE
MADE A MOTION TO APPROVE THE BUDGET AMENDMENT.
MOTION CARRIED
UNANIMOUSLY.
Agenda Addendum: Resolution supporting
The property being considered, is to be used for
recreation. The
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE THE RESOLUTION.
MOTION CARRIED
UNANIMOUSLY.
12. Manager’s
Report.
☼ $480,000 grant was awarded to provide sewer to Ghost Town.
☼ On July 23, 2007 at 5:00 p.m. the Haywood County
Commissioners will consider the annexation agreement between Waynesville and
☼ An informational meeting was held June 26 to gather public input on the propose Land Use Plan. The Planning Board will consider all comments and when the final form is completed, the plan will be brought before Council.
☼ The Trout Festival was a success with over 3500 people attending. Five hundred trout dinners were sold. The Kid’s in the Creek clinic was sold out two weeks prior to the event. There were 344 race tickets sold. The only issue Ms. Collins felt could have been improved were the need for more volunteers and the need to sell more trout race tickets. The Trout Festival is very labor intensive.
Senator Joe Sam Queen is working on a legislative bill that would allow tourist to purchase a pass to fish for a day or so and the State will stock the streams heavily.
☼ Manager Barth provided Council with a calendar of events for July. Each month Council will receive a calendar to assist with keeping track of meetings and special events.
☼ Manager Barth distributed each member a
13. Other
Business.
None
14. Public
Comment.
* Mr. Phil Wight questioned a public hearing not be held on Ordinance 544 increasing the members on the PRFAC.
A public hearing was not required. Council took action on increasing the number of members several meetings ago. Ordinance 544 officially amends the PRFAC bylaws.
* Mr. Dan Massey addressed Council asking that the police have a lighter color uniform to wear while working at Ghost Town. Those officers are dying from the heat.
Mr. Massey also informed Council that in the absence of
Manager Barth and
Mayor McElroy responded that signage would be addressed in the revised policy.
Mr. Phil Wight spoke from the floor stating that the pavilion is for the community so it needs to stay busy with lots of activities.
There being no more public comments offered the following motion was made.
ALDERMAN DEMEOLA
MADE A MOTION TO ENTER CLOSED SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL
AT 7:19 P.M.
MOTION CARRIED
UNANIMOUSLY.
ALDERMAN ALDRIDGE
MADE A MOTION TO COME OUT OF CLOSED SESSION AT 7:45 P.M.
MOTION CARRIED
UNANIMOUSLY.
15. Meeting
Adjourned
THERE BEING NO
FURTHER BUSINESS TO DISCUSS, ON MOTION OF ALDERMAN PRICE WITH ALL IN FAVOR THE
MEETING ADJOURNED AT 7:45 P.M.
____________________________________
Mayor
ATTEST:
______________________________________
Vickie Best, CMC, Town Clerk
.