Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

June 15, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Linda Taylor

Phil Aldridge

Jim Higel

Mark DeMeola

Staff Present: Manager Scott Buffkin, Attorney Chuck Dickson, Chief Scott Sutton, Finance Director Shayne Wheeler, and Town Clerk Vickie Best

Others Present: Approximately 20 people were in attendance.

Prayer and Pledge of Allegiance

Mr. Jay Ring gave the invocation and led the audience in the pledge of allegiance.

Meeting Called to Order

Mayor Pinter called the meeting to order at 5:32 p.m. on Tuesday June 15, 2004 in the Town Hall Boardroom.

Public Comment Session

Ms. Marion Hammel, Chairman of the Centennial Committee gave a report of the events to date and encouraged everyone to attend the events currently scheduled adding that their support is needed. The Centennial Celebration has been a success.

Ms Sue Koziol addressed council with her concerns about upcoming events that are scheduled after the bull riding/ rodeo. “The grounds will be destroyed.”

Ms. Carroll McGregory, a resident of the Hemlock Loop area addressed council complaining of the “awful mess” on the town owned property at the entrance to Hemlock Loop.

Manager Buffkin informed Ms. McGregory that the town has waited to reseed the area until the plans for a police department and/or a maintenance building are more established.

Mr. Jay Ring suggested placing road bond on the property to help with the mud.

Ms. McGregory then questioned if the town owns Hemlock Loop Drive or is it private road. The road is private but the town has been successful in obtaining easements and will take over maintenance of the lower portion where rights-or-way have been acquired and/or the town owns.

Ms. McGregory asked for a map showing boundary lines and a list of names and addresses of people paying taxes to the town of Maggie Valley.

Mayor Pinter asked that Ms. McGregory schedule a meeting with Manager Buffkin to discuss these issues and to pick up the information requested.

Ms. Sonja Michels addressed council asking permission to put a banner on the festival grounds fence to direct guest to her rental cabins. During events customers are getting confused and can not find the road leading to her establishment. Ms. Michels has lost customers and has had a few people call from Soco Road asking how they get to the rental cabins.

Alderman Taylor asked if the road turning to the right could be named Creekwood Village Road and just the entrance be named Festival Drive. The banner is in violation of the sign ordinance. If the roads were named, Ms. Michels could tell her customers to turn on Festival Drive and then take an immediate right onto Ms. Michels’ road (Creekwood Drive).

Consent Agenda

4Minutes: May 13, 2004 and May 18, 2004

4Resolution setting date for Public Hearing: William & Faye Clause of 330 Riddle Cove Road- volunteer annexation

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

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Police Report

Chief Sutton reported that the trout festival and craft show went well. Traffic control is being addressed. The K9 participated in the Bark–in-the-Park.

Chief Sutton went on to commend the budget finance committee for their time and consideration in reviewing the police department budget, operations, and personnel.

Chief Sutton reported that he had met with an ABC Commission representative. The town has three options when deciding on an ABC permit.

1. If Maggie Valley applies for a license similar to a convention center permit, council must appoint a manager to remain on premises. If volunteers are used, a manager’s name must be on the permit as the responsible person in charge.

2. The town could contract the service but the agency must follow the same requirements, appoint a manager or person in-charge, etc.

3. Get a special one time permit or lease the property to non-profit organizations to use as a way to earn money.

The ALE representative was concerned about the liability associated with the town getting the ABC permit. The entire area within the fence would be considered in the on premise not just the concession stand. Chief Sutton suggested asking the town attorney to check if the income from beer sales would out weight the liability. Again the liability would be enormous. A municipality is not exempt from any ABC laws. ALE is concerned because the town and the manager would be charged in the event that a problem arose. A municipality selling alcohol is not good for media relations.

ALE’s final recommendation was to leave the permit structure as it is and let the promoter carry the liability.

Alderman Taylor clarified the entire grounds being covered and considered similar to a convention center even without a building.

All the area where alcohol is going to be consumed would be under the permit the same as a convention center.

Alderman DeMeola questioned if a bond is needed.

No.

Manager Buffkin explained that the insurance carried on the festival grounds is based on someone else carrying the liability. The policy would need to be changed if the town became the permitted entity. An insurance quote could be obtained only after a list of events, type of events, and the expected number of visitors was submitted.

Alderman Taylor suggested making the decision in the future after gathering information from other entities that have served alcohol. Until there is some resolve ABC permits will continue has they have to date.

Public Hearing- Fiscal Year 2004/05 Budget

The proposed tax rate for the fiscal year 2004-05 remains at .39 cents. Maggie Valley has the lowest tax rate in the county. Manager Buffkin commended the board on the amount of time spent in budget workshops. There were few major changes other than a notable $50,000 allocation for road paving and $15,000 in road maintenance. This is twice as much that has ever been allocated before. There is one more year left on the contract with GDS for solid waste service (garbage collection). GDS will charge $98.28 per year per customer for 2004/05 which is passed on to the consumer. There was little change to the police department. Twenty-four hour coverage will remain. The budget committee representing the police department provided a favorable report. There will be a lease purchase agreement for the sign and decorative fence to be located on the festival grounds. Installing lighting on the festival grounds will be a future project. The employees were given a 2% cost of living raise. Mayor Pinter has declined getting a mayor’s salary but has asked that the money be allocated for board members’ expense for schooling, travel, and entertaining elected officials. $4,000 was placed in donations to go back into the community.

The floor was opened for public comment.

Mr. Jay Ring informed council that he had his accountant go over the budget to see where the money is going. This board seems to be trying to get a handle on spending but is still spending a tremendous amount of money for human services. Payroll and benefits take approximately 61% of the budget. The town should terminate insurance coverage. “I can’t afford coverage like this nor can many others, so why should the town. This is the third year that I have addressed the board stating this.”

The figures for human services have decreased by 13% from last year. The budget reflects a $50,000 decrease over last year’s budget but yet been able to provide for sewer service and road improvements.

Mayor Pinter concurred adding that certain people are taking on extra work and that some department heads did not take a pay increase but rather distributed the money in their department.

Mr. Ring was not satisfied adding that the ratio bothers him. There is too much money going to human resources and the board should be more considerate of the taxpayers. Mr. Ring went on to say that he is around town hall more than most citizens and that the employees are slack.

Mr. Ring went on to say that Roger McElroy, a previous alderman, had informed him that the taxpayers would not have to pay for the greenways; now taxpayers are paying for the greenways and the festival grounds.

Alderman Taylor informed Mr. Ring that the town does have a balanced budget and that this board did not raise taxes or go into the fund balance.

Ms. Sue Koziol asked if money had been allocated for a festival director.

No.

Mayor Pinter closed the public hearing at 6:28 p.m. scheduling another meeting for June 22, 2004 at 1:00 to approve the budget. This will provide council the time to digest the changes in the recent draft as well as comments from the public hearing.

Set Date for Public Hearing to Amend Zoning Ordinance to Increase Minimum Lot Sizes

Ms. Lyons addressed council stating that for almost a year the planning board has been working on increased lot sizes and a new district for higher elevations. The public does not like seeing homes crowded and the mountain tops cut. Larger lot sizes would help with erosion control by the contractor not having to do as much excavation.

The aldermen have assigned the planning board several issues to work on including erosion control and a slope ordinance.

Alderman Taylor questioned if the larger lot lines would have any effect on the zero lot lines such as a planned unit development.

There would be no change to planned unit developments.

There have been several complaints about Appalachian Village because of the topography of the land making the homes look like one roof line after another.

Alderman Taylor felt the increased lot size would drive up the cost of property.

Alderman Aldridge asked if the planning board could redraft the proposed amendment and get more of a balance between low lying flat land and the mountainous areas.

Ms. Lyons responded that there is no zoning in Haywood County and the Maggie Valley Planning Board felt that parcels above 4000 feet should have at least one acre of land per home. Developers will take it to the limit on the amount of homes allowed by the municipality.

Mayor Pinter agreed adding that people want affordable housing and we don’t want to keep people from owning land especially since this is a retirement area from many. Most retirees do not want large parcels with yards to manage.

Due to the topography of the land it is difficult to administer erosion control regulations. The enlarged lot sizes would cause the developer to loose two homes per acre.

Ms. Lyons reported that Mr. Kevin Alford P.E. recommends enlarging the lot sizes.

Mr. Jay Ring informed council that since he has been chairman of the zoning board there have been no variances other than in Linson Ridge.

ALDERMAN TAYLOR MADE A MOTION TO SET JULY 20, 2004 FOR A PUBLIC HEARING ON INCREASING LOT SIZES.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

Public Hearing- Request for Annexation- Steven & Pam Williams

Mayor Pinter opened the public hearing at 6:50 p.m. on the question of a volunteer petition for annexation from Pam & Steven Williams located at 712 Creekside Drive.

Manager Buffkin directed council’s attention to G.S. 160A- 376:

§ 160A-376. Definition.
 For the purpose of this Part, "subdivision" means all
divisions of a tract or parcel of land into two or more lots,
building sites, or other divisions for the purpose of sale or
building development (whether immediate or future) and shall
include all divisions of land involving the dedication of a new
street or a change in existing streets; but the following shall
not be included within this definition nor be subject to the
regulations authorized by this Part:
 (1) The combination or recombination of portions of
 previously subdivided and recorded lots where the
 total number of lots is not increased and the
 resultant lots are equal to or exceed the standards
 of the municipality as shown in its subdivision
 regulations;
 (2) The division of land into parcels greater than 10
 acres where no street right-of-way dedication is
 involved;
 (3) The public acquisition by purchase of strips of
 land for the widening or opening of streets; and
 (4) The division of a tract in single ownership whose
 entire area is no greater than two acres into not
 more than three lots, where no street right-of-way
 dedication is involved and where the resultant lots
 are equal to or exceed the standards of the
 municipality, as shown in its subdivision
 regulations. (1955, c. 1334, s. 1; 1971, c. 698, s.
 1; 1973, c. 426, s. 61; 1977, c. 912, s. 6.)

The entire subdivision could become part of the town due to the Villa L Abri’ subdivision being incorporated thus making the area contiguous.

Alderman Taylor asked that the sewer use ordinance be put on the agenda for further review. The previous council had tried to help developers by not requiring annexation until after the lots were sold. The sewer use ordinance now requires annexation in order to receive sewer service. The developers have created a lot of their problems because in the beginning the town left the responsibility to the developer to petition for annexation. The town is in a situation now of trying to play “catch up” because not all of the lots sold have an annexation agreement and/or the lots have been sold and the new buyer was not notified of the agreement.

Council took no action other than to direct Manager Buffkin to write a letter informing the Williams’ of the situation.

Budget Amendment

In order to close out the fiscal year several budget amendments were presented.

Ordinances 336 through Ordinance 348

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE BUDGET AMENDMENTS.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

Request to Release Taxes

An error was made at the County Tax Assessor’s office thus creating an error in Maggie Valley.

ALDERMAN HIGEL MADE A MOTION TO RELEASE THE TAXES AS PRESENTED AND EXPLAINED.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

Discussion on Festival Grounds Fence

Two proposals for a decorative fence have been received to date:

ê Asheville Fence $17,602.50 Steel Fencing Materials

ê Grindstaff Fence $16,867.00 Aluminum Materials

Alderman DeMeola has requested a proposal from a local fencing company and anticipates receiving documentation within a few days.

The issue was tabled until the June 22, 2004 meeting.

Alderman Higel directed Manager Buffkin to contact Asheville Fence and Grindstaff Fence to see how long the job would take until completion.

The decorative fencing and gate will be along the front of the property.

Ms. Sonja Michels, an adjacent property owner asked that shrubs be planted to help hide the chain link fence along the rear and sides.

Mayor Pinter informed Ms. Michels that money has not been budgeted for shrubs. Alderman Taylor suggested Ms. Michels plant shrubs or trees on her side of the fence. Alderman Taylor has a similar problem with the car wash next to her motel and was left with no choice but to conceal the area from her side of the property line.

Ms. Sue Koziol asked if the chain link fence being removed could be sold.

Manager Buffkin responded that the fence would be declared surplus, and sold, or if needed, used in another area.

Discussion on Festival Grounds Sign

To date two proposals have been received.

îAction Sign Company $41,950

î Moss Sign Company $42,838

Manager Buffkin reported that Mr. Doug Price with Action Sign Company has informed him that they would do the reader board sign for $40,000 if the town would obtain all of the associated permits. The logo on the sign will belong to Maggie Valley if the sign is purchased.

ALDERMAN HIGEL MADE A MOTION TO ACCEPT ACTION SIGN COMPANY’S OFFER AND GET THE SIGN INSTALLED AS SOON AS POSSIBLE.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED.

As previously discussed, Alderman Higel asked that everyone attempt to get the word out that the town will be selling space for advertisement that will be changed once a month on the reader board. Selling advertisement was previously discussed in an effort to pay for the sign without using tax dollars.

Ms. Michels and Ms. Lyons had concerns about the sign being illegal both with Federal guidelines and the town’s sign ordinance.

Manager Buffkin explained that the town is exempt from the Maggie Valley sign ordinance and that Federal guidelines were tied to speed limit.

Mr. Dean Tomlinson had concerns that Harrah’s Casino could out bid the rest of the businesses in Maggie Valley for the space.

Maggie Valley businesses will always be considered first.

ON MOTION BY ALDERMAN HIGEL, SECONDED BY ALDERMAN TAYLOR, CARRIED BY ALL THE MEETING RECESSED AT 7:20 P.M. UNTIL JUNE 22, 2004 AT 1:00 P.M.

____________________________________________

Jo Pinter, Mayor

________________________________________________

Vickie Best, CMC- Town Clerk