Town of
Regularly Scheduled Board of
Aldermen Meeting
June 5, 2007
3:30 p.m.
Members Present: Mayor Roger McElroy, Aldermen: Saralyn Price, Mark DeMeola, Phil Aldridge, and Colin Edwards
Staff Present: Manager Tim Barth, Attorney Chuck Dickson, Chief Scott Sutton, Public Works Director Mike Mehaffey, Planning Director Nathan Clark, Finance Director Shayne Wheeler, and Town Clerk Vickie Best
Others Present: eight people were in attendance
1. Meeting Called to Order.
Mayor McElroy called the meeting to order at 3:32 p.m. in the Town Hall Boardroom.
2. Consent Agenda a. Correction and Approval of Minutes for May 15, 2007.
ALDERMAN PRICE
MADE A MOTION TO APPROVE THE MINUTES OF MAY 15, 2007.
MOTION CARRIED
UNANIMOUSLY.
3. a. Public Hearing on Annexation of James
Hasseler, Gypsy Lane,
Parcel
#7696-88-6053 (1.13 acres).
b. Consideration of Ordinance No. 545 to annex
James Hasseler, Gypsy Lane,
Parcel
#7696-88-6053 (1.13 acres).
Mayor McElroy opened the public hearing at 3:41 p.m. as advertised on May 16, 2007.
There were no comments from the floor.
Mayor McElroy closed the hearing at 3:41 p.m.
ALDERMAN EDWARDS
MADE A MOTION TO APPROVE ORDINANCE 545 ANNEXING THE PROPERTY AS REQUESTED.
MOTION CARRIED UNANIMOUSLY.
4. Public
Hearing on the Proposed Budget for FY 2007-2008.
Mayor McElroy opened the hearing at 3:41 p.m. as advertised on May 18, 2007.
Ms. Evelyn Lee questioned if there was money in the budget
to fix
The 2007/08 budget has money allocated for roads maintained by the Town that do not meet Powell Bill requirements for funding. The roads will be designated later in the year.
There being no further questions, the hearing was closed at 3:42 p.m.
Alderman Aldridge questioned the cost of insurance. The employees now have a higher deductible to cut costs. Ms. Wheeler did an outstanding job negotiating for lower insurance premiums.
Alderman Aldridge questioned the Board of Aldermen line items amounting close to $20,000.
Supplies, travel and transportation, Council’s pay, and the normal $6,000 donation line item are included in those figures.
ALDERMAN ALDRIDGE
MADE A MOTION TO APPROVE THE BUDGET AS PRESENTED.
MOTION CARRIED
UNANIMOUSLY.
5.
Consideration of Ordinance No. 541 to annex Maggie Valley Resort LLC,
Alexander Drive, Parcel #7697-70-0156 (7.424 acres).
This was second reading of Ordinance 541.
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE ORDINANCE 541 ANNEXING THE MAGGIE VALLEY RESORT.
MOTION CARRIED
UNANIMOUSLY.
6.
Consideration of Ordinance No. 542 to annex Thomas Benoit, #30 Campbell
Woods Subdivision, Parcel #7697-70-0156 (0.75 acres).
This was the second reading of Ordinance 542.
ALDERMAN EDWARDS
MADE A MOTION TO APPROVE ORDINANCE 542 ANNEXING THE BENOIT PROPERTY.
MOTION CARRIED
UNANIMOUSLY.
7.
Consideration a Capital Project Ordinance for the new police department
building.
This was the second reading of Ordinance 543.
ALDERMAN PRICE
MADE A MOTION TO APPROVE THE ORDINANCE 543.
MOTION CARRIED
UNANIMOUSLY.
8. Appearance
of Evelyn Lee regarding improvements to
Ms. Lee, a summer resident of Kamping Kountry RV Park,
addressed Council regarding the hazards of traveling
Ms. Lee felt that now that the park has been annexed into
Manager Barth provided Council with a map showing the
14-foot right-of-way. The right-of-way opens up to 30-feet after getting to
Mr. Kyle Edwards, the owner of the park, agreed with Ms. Lee. “We should see something for our tax dollars.”
Public Works Director Mike Mehaffey explained that staff has
met with several of the residents within the area. The problem is getting enough right-of-way to
widen the road. The property owners were encouraged to contact an attorney to
clarify the existing right-of-way. The Town does snow and ice removal and have
patched potholes on
Ms. Lee and Mr. Edwards were unwavering in their opinion
that the municipality should widen and maintain
Council decided to go look at the dangerous curve before adjourning the meeting.
ALDERMAN DEMEOLA
MADE A MOTION TO CONTINUE THE MEETING AT THE SITE DISCUSSED ON ROCKY
MOTION CARRIED
UNANIMOUSLY.
9.
Consideration of a resolution asking the General Assembly to name Maggie
Valley the Trout Capital of North Carolina
Legislators are saying that the State is going to fund money
for trout streams in
ALDERMAN PRICE
MADE A MOTION TO APPROVE RESOLUTION NUMBER 07-29 REQUESTING THE GENERAL
ASSEMBLY TO OFFICIALLY NAME MAGGIE VALLEY THE TROUT CAPITAL OF
MOTION CARRIED
UNANIMOUSLY.
Mayor McElroy asked Manager Barth to see if the
10. Discussion
regarding the use of the pavilion as a forum for free music performances.
The way the current fee schedule is set; non-profits may rent the pavilion for $20, while commercial uses are charged $200 per day. If the non-profits are passing the hat for donations, problems arise among the businesses within the Town that charge admission, pay taxes, and pay the overhead for upkeep and utilities.
The Town pays the utilities and provides the upkeep for the pavilion.
Alderman Aldridge felt that if donations were being accepted then services are being paid for, therefore the commercial rate should be charged. The Town has to recoup some of the money used to keep the pavilion for community use.
Alderman Price felt it was unfair competition for the business owners that are paying taxes.
Mr. Kyle Edwards, owner of the Stompin Ground, stated that it is hard to compete with free entertainment. Mr. Edwards also reminded Council that he gives away the use of his building four or five times a year for different events throughout the year in an effort to help the Town and the County.
Ms. Selena Keller addressed the Board reading a letter written to Kyle Edwards on behalf of Dan Massey. Mr. Massey’s letter to Mr. Edwards addressed issues like needing more for visitors to do on Friday night, helping the tourist trade, and ending his music before the Stompin Grounds opens for business. Mr. Massey’s letter stated that he informs people to visit all the different entertainment venues throughout the Town.
Alderman DeMeola felt that a pubic Council meeting was not the proper place to address someone in the audience with a letter. This letter should have gone to the Town Manager before being read in an open meeting.
There was discussion regarding the letter Ms. Keller read that was addressed to Kyle Edwards.
Mr. Edwards, after hearing the letter and the comments from Council stated that he would never approve of free music on Town property competing with local businesses paying taxes.
Ms. Keller explained that she had only agreed to read Mr. Massey’s letter if it appeared that Council was going to move forward with action when he could not be present. Ms. Keller added that she could have made this statement during the public comment portion of the meeting without going before the manager for approval.
ALDERMAN PRICE
MADE A MOTION TO POSTPONE THIS UNTIL THE NEXT MEETING SO THAT DAN [Massey] WILL
BE HERE AND BE PRESENT.
MOTION CARRIED
UNANIMOUSLY.
11.
Consideration of the number, time, and days for monthly Board of
Aldermen meetings.
Although it would be convenient to have one meeting a month, too much business needs to be addressed in a timely manner to only have one meeting a month.
After further discussion it was determined that, the first Tuesday of each month, the Board of Aldermen meeting will remain at 3:30 p.m. and the third Tuesday of each month, the meetings will be held at 5:30 p.m. This would allow people to get off work to come to an evening meeting.
ALDERMAN PRICE
MADE A MOTION TO HAVE THE FIRST MEETING OF THE MONTH AT 3:30 P.M. AND THE
SECOND MEETING AT 5:30 P.M.
MOTION CARRIED
UNANIMOUSLY.
12. Consideration of an incentive arrangement with the Chamber of Commerce to increase the number of events at the Festival Grounds.
Council agreed to fund ½ of Ashley Mullion’s salary to promote/market the Festival Grounds for the 2007/08 fiscal year.
Alderman Aldridge felt that it would be beneficial to offer an incentive to the Chamber to book new events at the Festival Grounds. The Town charges $1500 for the weekend. It would be better to receive $1000 and give $500 to the Chamber if they brought new events to Town, which in turn brought business to the merchants. Alderman Aldridge felt that Council should be working on infrastructure, not so heavily involved in tourism.
Ms. Collins, the Chamber/ Visitor’s Bureau Director, felt that the Town funding part of a salary was the incentive.
Alderman Aldridge felt there was still a “missing link”. The Clerk does the administration while the Chamber does the marketing, and then the Parks, Recreation, Festival Advisory Committee does the approval of events.
Mayor McElroy explained that tax dollars are used to pay for the land as well as grant funding that eliminates any other use but park and recreation.
Ms. Collins explained that the festival ground’s website is being developed. An additional event has already been booked for the Art Council in September 2007.
There is not an easy way to relinquish the administrative duties of running the Festival Grounds due to the Town being required to oversee the land.
Alderman Aldridge felt there should be something happening on the festival grounds each weekend, if it is “people picking music off the back of a flatbed truck”.
ALDERMAN DEMEOLA
MADE A MOTION TO TABLE THE ISSUE UNTIL A LATER DATE TO PROVIDE TIME TO THINK
ABOUT ALL OPTIONS.
Mr. Austin Pendley tried to clarify what Alderman Aldridge was trying to say. The Town will continue to pay ½ of Ms. Mullins salary, but then the Chamber would also receive $500 for each new event they bring to the festival grounds.
Again, Aldermen DeMeola and Price stated that they needed more time to give thought to the issue.
MOTION CARRIED
UNANIMOUSLY.
13. Budget Amendments.
Ordinance 546 is an amendment to add $26,170 to the Festival
Fund Professional Services, Advertising and
ALDERMAN PRICE MADE
A MOTION TO APPROVE ORDINANCE 546.
MOTION CARRIED
UNANIMOUSLY.
Ordinance 547 is an amendment to account for additional donations that were made for the stage at the Festival Grounds that had not been accounted for earlier. All monetary and in-kind donations have to be accounted for when a project like the stage is done.
ALDERMAN EDWARDS
MADE A MOTION TO APPROVE ORDINANCE 547
MOTION CARRIED
UNANIMOUSLY.
Ordinance 548 is an amendment for $5,000 to cover the Town’s deductible in a legal case that involves the Police Department. The Town’s insurance carrier is covering the expenses over the deductible. The Sheriff’s department is also involved in the same lawsuit.
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE ORDINANCE 548.
MOTION CARRIED
UNANIMOUSLY.
Ordinance 549 is an amendment for $4,000 to cover increased fuel costs for the Police Department. The increased cost of gasoline is something that hits the Police Department especially hard. While they try to conserve on gasoline, there is a certain amount they have to use.
ALDERMAN ALDRIDGE
MADE A MOTION TO APPROVE ORDINANCE 549.
MOTION CARRIED
UNANIMOUSLY.
Ordinance 550 is an amendment to account for the additional funds that had to be transferred from the General Fund in order to cover the funds that were needed at the Festival Grounds.
ALDERMAN ALDRIDGE
MADE A MOTION TO APPROVE ORDINANCE 550.
MOTION CARRIED
UNANIMOUSLY.
14.
Consideration of moving the second meeting in June from June 19 to June
27.
The second June meeting will be held on Wednesday June 27 at 5:30 p.m.
The July meetings will be held July 10 at 3:30 p.m. and on July 24 at 5:30 p.m.
ALDERMAN ALDRIDGE
MADE A MOTION TO ACCEPT THE CHANGE OF DATES FOR THE MONTHLY MEETING IN JUNE AND
JULY.
MOTION CARRIED
UNANIMOUSLY.
15. Manager’s Report.
*There will be a public informational meeting to review the proposed land use plan on Tuesday June 26 in the Town Hall Boardroom from 5:30 until 7:30 p.m.
*The
Haywood County Commissioners will hold a public hearing on the annexation
agreement between Waynesville and
*Mayor
McElroy asked that Manager Barth attempt to get
*The construction of the Police Department is on schedule.
*Manager
Barth passed around a pen advertising
16. Other
Business.
Mayor McElroy would like to have a ticket office at the
festival grounds. Mr.
ALDERMAN DEMEOLA
MADE A MOTION TO ALLOCATE $500 FOR A TICKET OFFICE AT THE FESTIVAL GROUNDS.
MOTION CARRIED
UNANIMOUSLY.
Alderman Aldridge asked that the Town’s phone number and the Chamber’s 800 telephone number be put on the reader board at the festival grounds.
Alderman Aldridge also asked that the manager place on the next agenda a discussion on Council members not being able to purchase insurance through the Town.
Mr. Harmon Wheeler, who donated the money for the pavilion in the courtyard, has passed away. Council asked that a resolution be drafted to send to the family.
Alderman Edwards asked that the Town investigate adopting a
vagrancy law, especially now that the
17. Meeting Adjourned.
Council continued the meeting to the back of the Town park
along
Council agreed that the curve needed to be trimmed back out of the site line. The Town will take action.
ON MOTION OF
ALDERMAN PRICE THE MEETING ADJOURNED AT 5:40 P.M.
_______________________________
Mayor
_______________________________
Vickie Best, CMC, Town Clerk