Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

June 1, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Linda Taylor

Jim Higel

Phil Aldridge

Vacant Seat: Marcus Fields

Staff Present: Manager Scott Buffkin and Town Clerk Vickie Best

Approximately 20 people were present in the audience

Meeting Called to Order

Mayor Pinter called the meeting to order at 1:40 p.m. on Tuesday June 1, 2004 in the Town Hall Boardroom.

Reverend Hall Finney gave the invocation and led the audience in the pledge of allegiance.

Agenda Adjustment

Approval of Annual Audit Contract

Resolution for schools to start later

ABC Board Membership Increase

Public Comment Period

Mr. Dan Massey reminded everyone of the business meeting to be held at 5:30 p.m. on June 2, 2004 in the Town Hall Boardroom.

There were no more comments from the floor.

Mayor Pinter announced that due to the length of the meetings and comments from the floor that public comments will no longer be accepted other than during the public comment session and any scheduled public hearings.

Consent Agenda

4Minutes: April 6, 2004 April 20, 2004 May 5, 2004

4Resolution setting date for Public Hearing- volunteer annexation- Steven & Pam Clause- 712 Creekside Drive

4Petition for annexation- William & Faye Clause – 330 Riddle Cove Road

ALDERMAN HIGEL MADE A MOTION TO APPROVE THE CONSENT AGENDA

ALDERMAN ALDRIDGE SECONDED THE MOTION

MOTION CARRIED UNANIMOUSLY

Discussion of Filling Alderman Fields’ Unexpired Term

Alderman Fields’ term expires November 2005.

Council requested a list of people that have agreed to serve. Interviews have been scheduled for later this afternoon. Council desires to make the appointment by the June 15^th regularly scheduled meeting.

Public Hearing- Revised Outdoor Sales Ordinance

A public hearing was held on April 20, 2004 at which time the issue was returned to the planning board for further study after taking public comments into consideration.

Excerpt from the April 20, 2004 minutes

Mr. Otis Sizemore suggested changing the wording to state twenty-four hours prior to the event.

Ms. Pinto questioned if this was during festivals or anytime a merchant wanted outside displays.

The merchants may display their goods on the outside as long as it is something that is normally sold inside the business.

Mr. Sizemore spoke again stating that a friend that owned a hardware store was forbidden from displaying his lawnmowers outside the store because it was considered a sign. “We don’t want to become so restrictive that a hardship is created on the business owners.”

Mr. Dan Massie spoke saying that when festivals are in town it helps everyone. Regarding motorcycle rallies Mr. Massie stated that “because I don’t sell motorcycle accessories I don’t get a piece of the action.”

Chairman Tilley again stressed that the amendment has no bearing on festivals; “This is for outdoor sales only.”

Ms. O’Keefe stated that she allows different organizations to sell items in front of her business. “This should go back to the planning board for further review.”

There were comments from the audience about this issue being forced on people without their knowledge.

The amendments were discussed at a previous aldermen meeting, a public hearing was set with the required advertisements. All planning board meetings are open to the public.

Ms. O’Keefe felt that public input is needed and people don’t need to be governed so that they are limited on what they can do on their property.

Manager Buffkin explained the problems the Code Enforcement Officer was having with people, not merchants in town, setting up and selling goods from the back of trucks.

Mr. Henson, the Code Enforcement Officer addressed the audience stating that as the ordinance reads all business must be conducted out of a permanent structure. The amendment allows the business owners more freedom. “ I need something in black and white to operate under.”

Again, Chairman Tilley explained that this will allow merchants to display their goods for sale outside their business while addressing safety issues and esthetics

Mr. Jay Ring spoke up that flame retardant tents are very expensive.

Often people put up tarps with cedar blocks tied to the sides that frequently blow into the street during inclement weather.

Mr. Massie agreed with Mr. Ring stating that only tents where there is cooking should be flame retardant.

Chairman Tilley asked the board if they were interest in having tents that are uniform in appearance. The Town of Waynesville and City of Asheville require these types of tents.

Alderman Taylor asked that the wording be changed to say a permit must be obtained twenty-four hours prior to the event and that number twelve of the proposed amendments should apply to cooking tents only. Verbiage for non-profits should be included.

Mr. Dean Tomlinson suggested this item be placed on the agenda as soon as possible before the season begins.

Ms. Pinto added that businesses should be allowed to sell as much merchandise as possible.

Chairman Tilley reported that the major concern is the health, safety, and welfare of visitors and residents. Permits will not be required although the planning board has asked that each business receive a copy of the amendment, if adopted, as well as the rules and regulations of having outdoor cooking facilities from the Haywood County Health Department.

There still seem to be some confusion between outdoor sales and the festival grounds. The proposed amendment does not affect the festival grounds in any way.

Alderman Taylor questioned why a permit fee was not established.

The Planning Board had discussed setting a fee several times but decided that the merchants have already purchased a privilege (business) license and it would be unfair to assess another fee just because they are moving merchandise from within their store to the outside.

Alderman Taylor asked that an enforcement strategy be developed.

ALDERMAN HIGEL MADE A MOTION TO APPROVE THE OUTDOOR SALES ORDINANCE AMENDMENT.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Set Date for Public Hearing – Fiscal Year 2004/05 Budget

ALDERMAN TAYLOR MADE A MOTION TO SET JUNE 15, 2004 THE NEXT REGULARLY SCHEDULED MEETING FOR THE 2004/05 FISCAL BUDGET HEARING.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

Council set a budget workshop for June 7, 2004 at 12:00 noon.

Community Center Rental Rates

The employees had first talked with council about increasing the rental rates to off-set the cost of heat, supplies, and labor. The proposed fee schedule does not penalize the people that use the facilities that do not require heat and also provides a discount for people inside the corporate limits.

COMMUNITY CENTER RENTAL SCHEDULE
Facility	$ Per Hr.	$ Per Hr.
	Inside Rates	Outside Rates
Cafeteria Only Meetings	$10.00 per hr.	$15.00 per hr.
(no food)
Cafeteria & Kitchen	$20.00 per hr.	$30.00 per hr.
(catered or on site foods)
Auditorium	$20.00 per hr.	$30.00 per hr.
West End Classroom	$10.00 per hr.	$15.00 per hr.
Daily Outdoor Event (Non Commercial)	$100.00 per day	$150.00 per day
(with rest rooms)
Daily All Available Space (Non Commercial)	$200.00 per day	$275.00 per day
(with rest rooms)
Pavilion Reservation Fee (Non Commercial)	$10.00 per hr.	$20.00 per hr.
(non profit groups, clubs)
Pavilion Commercial Use	$200.00 per day	$250.00 per day
A $50.00 deposit will be charged for the rental of the inside facilities. The key is to be picked up
1 to 3 days before the scheduled event. When key is returned and facility is properly checked for
cleanup and possible damages, deposit will be refunded subject to any damages and/or cleanup.
* All reservations are on a first come basis
* Full payment is due with the completed application. Reservation deposit is refundable if
the event is cancelled 60 days prior to scheduled event date.
* All Commercial activities shall pay a 100% surcharge over the regular rates.
Set Up Time
Hourly rental- 1 hour prior to event will be allowed for setup. 1 hour after the event will be allowed for
cleanup.
Extra set up- If use requires set up of extra chairs in the auditorium or similar preparation on the
town's part, a $20.00 per hour service fee for set up/take down will be added.
Winter heating rates shall apply for facilities requiring heat at a rate of $40.00 for the first hour
and $10.00 for each additional hour.

Council went on to discuss Roger Perry a.k.a. Elvis’ request to reserve the pavilion two nights a week during the tourist season. It had previously been mentioned that a trade for painting the silo and having the pavilion could be a possibility.

Alderman Aldridge stated that he was more interested in seeing the silo completed than discuss setting a rental fee for Mr. Perry. Alderman Aldridge felt that “strait up each person pay for what they are getting”. Alderman Taylor agreed that she was not in favor of bartering, “We need to be across the board with everything”.

Mr. Kyle Edwards has agreed to lend Mr. Perry his bucket truck if Mr. Bud Arrington, a town employee is driving.

The town does not charge the Civic Association for the “Pickin in the Pavilion” because there is no admission charge and visitors and residents alike enjoy the music. The Pickin in the Pavilion stops prior to other music entertainment beginning throughout town.

Alderman Taylor felt the town should not allow someone to use town property that takes from businesses in town.

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE FEE SCHEDULE AS PRESENTED.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

Continued Discussion of Ledford Rezoning Request

Planning Board Chairman Patricia Tilley informed council that the planning board would not be meeting until the following day. Mr. Ledford is requesting that Raven Ridge, the adjacent property to his be rezoned to Residential 3.

Raven Ridge is zoned Residential 2, although it does not meet Residential 2 or 3 requirements.

ALDERMAN TAYLOR MADE A MOTION TO TABLE MR. LEDFORD’S REQUEST TO REZONE RAVEN RIDGE.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

2003/2004 Audit Contract Approval

Alderman Taylor spoke with other CPA Firms in Haywood County and reported that no one was able to take on a municipal audit.

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE AUDIT CONTRACT.

ALDERMAN ALDRIDGE SECONDED THE MOTION

MOTION CARRIED

Increasing the ABC Board Membership

Council previously discussed asking legislators to increase the number of ABC board members from three to five. Council had concerns about there not being a quorum during the winter months. Alderman Higel felt it a reasonable request because other boards consist of five members.

The deadline for getting a bill submitted into legislation is at the end of June. Manager Buffkin suggested that council present justification for wanting to increase the membership and present a unified front. Alderman Taylor concurred.

The ABC Board members feel there is no need for an increase in membership.

Alderman Taylor suggested tabling the issue until after council goes to Raleigh for Town Hall Day. Alderman Aldridge agreed but stressed that a “bigger mix” of people were needed on the ABC Board.

ALDERMAN TAYLOR MADE A MOTION TO SEND OUT NOTIFICATION THAT THERE WILL BE A QUORUM PRESENT IN RALEIGH.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

Resolution to Delay the Start of School Until After Labor Day

It was the consensus that tourism could benefit greatly if school started later. Mr. Jim Hobbs, lobbyist for the Hotel/motel Association is requesting that municipalities support House Bill 1464 though adopting and submitting a resolution and calling your representatives.

Tourist Development Authority and local Chambers support the bill.

Mayor Pinter asked the audience to support the bill and to learn more about the bill by logging on to www.saveoursummers.com. The State of Virginia has been successful in their effort.

ALDERMAN HIGEL MADE A MOTION TO ADOPT A RESOLUTION SUPPORTING HOUSE BILL 1464.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED.

Council directed Manager Buffkin to write and submit a resolution supporting the delay in starting school immediately.

RESOLUTION NO. 04-10

RESOLUTION OF THE TOWN OF MAGGIE VALLEY, NORTH CAROLINA TOWN COUNCIL SUPPORTING POST-LABOR DAY SCHOOL START

Whereas, tourism is the State of North Carolina’s number one industry and a major component in supporting the economic strength, stability and growth of the State of North Carolina and the Town of Maggie Valley; and

Whereas, annual school calendars have a significant impact on tourism and some 92% of the State’s public school systems now start the annual school year between July 30 and August 12, eliminating most, if not all, of the month of August for family vacation plans and these earlier start dates continue to increase; and

Whereas, the timing of the annual school start date also has a direct impact upon the ability of employers to hire high school students and teachers for summer employment; and

Whereas, SOS North Carolina, a volunteer coalition of interested parties seeking to restore a more traditional school calendar for North Carolina schools, is actively engaged in a campaign to encourage the Governor and North Carolina General Assembly to enact legislation requiring local school systems to schedule the first day of classes no earlier than the Tuesday following Labor Day; and

Whereas, SOS North Carolina advocates only a change in the annual calendar dates, and not a reduction in the number of instructional days; and

Whereas, many other states competing for tourism business on the East Coast of the United States start their annual school year after Labor Day.

Now, Therefore, Be it Resolved that the Town of Maggie Valley Council hereby supports the enactment of statewide legislation requiring local school systems to schedule the first day of classes no earlier than the Tuesday following Labor Day, and encourages the Governor and General Assembly to enact such legislation in the 2004 legislative session.

Be It Further Resolved that the Town of Maggie Valley Council supports the efforts of SOS North Carolina and encourages all Maggie Valley residents and property owners, and visitors to our community, to contact their representatives in the North Carolina General Assembly to indicate their support for such legislation.

Adopted on motion by Alderman Jim Higel, seconded by Alderman Phil Aldridge, and approved on a vote of 4 in favor and 0 against.

Award for Achievement for Excellence in Financial Reporting

Manager Buffkin reported that the Certificate of Achievement of Excellence in Financial Reporting has been awarded to the Town of Maggie Valley by the Government Finance Officers Association of the United States and Canada (GFOA) for it’s comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest from of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.

An Award of Financial Reporting Achievement has been awarded to Shayne Wheeler, designated by the government as primarily responsible for preparing the award-winning CAFR.

The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive “spirit of full disclosure” to clearly communicate its financial story and motivate potential users and user groups to read the CAFR.

Manager Buffkin went on to report that Maggie Valley is the only municipality in Haywood County to ever receive this award.

Council commended Ms. Wheeler for doing an outstanding job while the audience applauded her accomplishment.

Interviews for Vacant Aldermen Seat

In an effort to be fair to all applicants, council asked that only one applicant at a time be allowed into the boardroom for the interview. This will help to alleviate anyone preparing answers in advance while others do not have the same opportunity.

Alderman Higel invited all others to remain for the interviews acknowledging the importance of the decision.

Mayor Pinter asked that there be no comments from the floor during the process.

Mr. James Carver emphasized that the selection of a candidate for alderman is a huge responsibility and that the judge would be if the board were unified in their choice.

Council recessed from 2:40 p.m. to 3:30 p.m.

Applicants: Susanne Koziol, Richard Hal Finney, Ed Matthews, Jay Ring, Jim Mackey, Saralyn Price, Phil Wight, Debra Pierce, Paul Indelicut , Patricia Tilley, Richard Pierce, Mark DeMeola

Council asked the following questions to each applicant.

áWhat is your vision for MV?

áHow do you create community unity?

áHow do you think council members could work together more effectively?

áHow do you feel about the comprehensive growth plan?

áHow do you feel about the “us” and “them” attitude and which group do you support?

áWhat things would you most like to accomplish during your term?

áWhat do you want to see happen with the festival Grounds?

áWhat will you do if other board members disagree with you?

áPeople from community can be very nasty to board members. They will tell lies, threaten and do everything in their power to stop you from moving in a positive direction and you will not understand why. What do you think could solve this problem?

áIf appointed what group of people do you feel you will represent?

áGive us you feelings on Annexation, particularly involuntary annexations?

áDo you think the town should take over and maintain substandard roads?

áCould you vote to cut-back on benefits (ie insurance) for employees and spouse and children if it were in the best interest of the town?

áIs 7 day 24 hour police protection important to this community?

áHow would you feel about taking the strategic plan we are working on and going all the way with a significant change “comprehensive plan for our town?

áWhat do you think we should do with the festival grounds? Hire a director? Give it to the Chamber of Commerce? Make it the responsibility of current employees: any ideas?

áHow can we as a political body help unit the community?

áTell us why you want to serve on this board?

áOn a scale of 1-5 with 5 being the best, how do you think the current board is doing with the issues it is facing?

áBeing a Town Board member requires long hours, self sacrifice, community spirit, and a thick skin. How would you be able to balance the requirements of Board membership with your personal and/or professional responsibilities?

áPlease list any prior experience serving on a public board, committee, etc.

áThe Town Board has attempted to balance the needs and demands of the residential communities with the needs and demands of the commercial district. áKeeping in mind the fiscal restraints of a small town, what would you recommend be done to best balance these overlapping or competing service requests?

áBeing a member of the Town Board means give and take on issues. Would you be willing to support a group decision even if it were one that you had opposed?

Council thanked everyone for their interest in serving as aldermen and directed Manager Buffkin to send a letter to each applicant.

ALDERMAN TAYLOR MADE A MOTION TO APPOINT MARK DEMEOLA TO FILL THE REMAINING TERM FOR THE VACANT SEAT.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

Mr. DeMeola impressed council with his comments, knowledge, and the dedication he has shown while serving on the Planning Board.

The Clerk administered the oath of Office to Mr. DeMeola.

ALDERMAN HIGEL MADE A MOTION TO ADJOURN.

ALDERMAN TAYLOR SECONDED THE MOTION.

The meeting adjourned at 8:00 p.m.

________________________________________

Jo Pinter, Mayor

ATTEST:

__________________________________________

Vickie Best, CMC

Town Clerk