Town of Maggie Valley
Regularly Scheduled Board of Aldermen Meeting
June 7, 2005
MINUTES
Members Present: Mayor Pro-Tem Roger McElroy Aldermen: Linda Taylor
Phil Aldridge
Mark DeMeola
Members Absent: Mayor Jo Pinter
Staff Present: Manager Bob Shepherd, Attorney Chuck Dickson, Public Works Director Mike Mehaffey, Chief Scott Sutton, Planning Director Kevin Byrd, and Town Clerk Vickie Best
Meeting Called to Order
Mayor Pro-Tem McElroy called the meeting to order at 1:30 p.m. in the Town Hall Boardroom.
Consent Agenda
Approval or Corrections of Minutes: March 1, 2005
March 7, 2005
March 15, 2005
March 16, 2005
March 24, 2005
Alderman Taylor asked that the Minutes of March 15 reflect that she had no knowledge of Council promising Ms. Michels fencing or screening; also that the minutes of March 24, 2005 include a copy of the letter and date sent to Ms. Michels.
ALDERMAN TAYLOR
MOVE TO APPROVE THE MINUTES WITH THE CORRECTIONS NOTED.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
Public Comment
Ms. Jo Phelps, President of the Maggie Valley Civic Association, announced that the Association provided the sixty-one flags displayed throughout Town. The flags did not need to be replaced this year, therefore; the Association will purchase the remaining padded chairs for the boardroom. The Association has been successful having Bingo on Thursday nights and will continue to serve Maggie Valley and Haywood County with their funding.
Ms. Jo Ferraris, the teacher of the Maggie Valley Line Dancing Club addressed Council stating that for the last three years the club has used the community center auditorium to practice. The Town is now moving the Boardroom to the auditorium to conduct meetings.
Ms. Ferraris asked that the club be allowed to continue using the auditorium, going on to explain the benefits line dancing has provided for the participants.
Mr. Wade Reese addressed Council stating his concerns about the Civic Association Bingo falling under duress because of off-premise advertising at Smacker’s Restaurant and Smacker’s serving hotdogs and hamburgers at the event. Mr. Reese felt the Thursday night Bingo brought people to Town and provided them entertainment. Mr. Reese asked that Council help the non-profit organizations that are trying to help Maggie Valley.
Alderman Aldridge concurred adding that it is just common sense to help the people trying to provide an avenue for people to come see Maggie Valley.
Alderman DeMeola agreed, going on to thank Mr. Reese for the recent “Vetts in the Valley” event.
Mr. Byrd, the Planning Director, explained that the situation with off-premise advertising is being addressed. The Bingo will be deemed a Town sanctioned event, therefore anyone wanting to advertise may do so.
As for the sale of food, the Civic Association will contact all restaurants within Maggie Valley to see if anyone would be interested in serving next year. Smacker’s Restaurant has agreed to serve food this year.
ALDERMAN TAYLOR
MADE A MOTION DIRECTING THE PLANNING BOARD TO STUDY ISSUES SUCH AS ADVERTISING
CONCERNING NON PROFIT ORGANIZATIONS.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Planning Department Update
Mr. Byrd gave a brief overview of the proposed fee schedule for Planning Board recommendations. Sign permits are proposed to increase from $25 to $50 while temporary sign permits are being proposed to increase from no charge to $25.00.
Alderman Taylor felt the fees should be adopted at the same time as the new budget in order to become effective July 1 with the new fiscal year.
Public Hearing: Changing the Time of the Regularly
Scheduled Board of Alderman Meetings
Mayor Pro-Tem McElroy opened the hearing at 2:00 p.m.
Mr. Dan Massey felt evening meetings around 7:00 p.m. would be better for people working during the day.
Ms. Shirley Pinto felt an evening meeting would better accommodate the residents wanting to attend.
Alderman Taylor concurred. The first meeting of the month is considered an agenda-setting meeting. The first meeting should be moved to 3:30 p.m. or 4:00 p.m. in order not to split the workday. As stated, Alderman Taylor has received comments from people wanting evening meetings.
Alderman McElroy stated that time limits should be set. If the meeting begins at 3:30 p.m. or 4:00 p.m., the cut-off time should be no later than 9:00 p.m., even if the meeting has to be continued.
Public hearings will be scheduled for the second meeting of the month. Staff reports and house-cleaning items will be handled at the first meeting of the month.
Alderman Aldridge stated that he would like to see Council return to one evening meeting a month.
Alderman McElroy closed the pubic hearing at 2:14 p.m.
Council will address the issue on June 21, 2005.
Procedures for Public Comment: Resolution 05-16
Amending Resolution 05-2
The consensus was to have public comment at the end of the second monthly meeting. People wishing to get on the agenda must first talk with the Town Manager before being placed on the agenda. The request to address Council as well as any questions they may have should be submitted in written form.
Resolution 05-16
A Resolution of the Town of Maggie
Valley Board of Aldermen
Amending Resolution 05-2 for Rules of Procedure Regarding the
Coordination, Preparation, and Dissemination of Agendas and Associated
Materials Pertaining to Regular Meetings of the Board of Aldermen
WHEREAS, the Town of Maggie Valley Board of Aldermen wants to ensure , insofar as is possible, the orderly and timely conduct of all public business needing to come before it in regular meetings, and
WHEREAS, the Board believes it is essential that the public has a known and recognized official point of contact with the Town for all parties having business or desiring an appearance before the Board, and
WHEREAS, the Board desires that all parties, issues, materials, correspondence, etc., pertaining to a matter to come before the Board be presented in a complete, coordinated, and timely manner, and
WHEREAS, the Board believes that it, assisted by the Town Manager and Town staff, should have adequate time to prepare for meetings and issues coming before it through advance study, analysis or investigation, and that each Board member should have equal access and availability of agendas and associated materials, and
WHEREAS, under the Council-Manager form of government, it is logical and appropriate that the Office of the Manager be the Board’s officially designated location for the preparation and coordination of all meetings involving the Board of Aldermen;
NOW THEREFORE, BE IT RESOLVED, by the Town of Maggie Valley Board of Aldermen in session duly assembled, that the following Rules of Procedure are instated regarding the preparation of all regular meetings of the Town of Maggie Valley Board of Aldermen. Such Rules and Procedures shall be supplementary of other Rules and Procedures regarding conduct of business previously adopted by the Board that do not contradict this resolution;
1. The agenda shall be prepared in advance of the regular Board of Aldermen meeting and shall be made available to each Aldermen with all supporting documents and information as far in advance of the scheduled meeting as practical.
2. The agenda
for regular monthly Town Board meetings shall be closed to items at twelve o’clock noon on Thursday prior to the
regular Tuesday meeting. Any Board Member and the Manager shall
be authorized to place items on the Regular Meeting Agenda prior to the
Thursday noon suspense date. Additional
items may be added at the regular meeting prior to adoption of the agenda by
unanimous consent of the Board present and voting. For urgent
needs, the Mayor is granted the discretion to add items to the agenda after the
agenda deadline date of Thursday and prior to the Tuesday meeting date.
3. The
regular meeting on the 1st Tuesday of each month is established as
an “agenda setting” meeting with the principal focus upon identifying and
discussing items for possible action at a subsequent
meeting(s), hearing reports from staff and educating Board Members on Town
matters.
4. The
regular meeting on the third Tuesday of each month is established as the meeting in which most issues are voted
upon after due deliberation and most public hearings are held under existing
rules of procedure and as may be required by law. Also, this meeting will normally require the presence
of the Town Attorney.
5. Barring unforeseen circumstances, the published agenda and all supportive material for regular Town Board meetings shall be disseminated to the Board on the Friday prior to the Tuesday meeting.
6. The Town Manager’s Office shall serve as the repository for all requests for appearances, work sessions, agenda items, and other issues to come before the Town Board in regular meetings. Those residents or others asking to be on the agenda for any meeting shall first meet with the Manager. The Town Manager is directed to prepare agendas, assemble data and material, make official announcements to the press and public, notify parties, conduct research, prepare memoranda, secure facilities disseminate agendas and information as required, and conduct any other activity or provide any other support as is needed by the Town Board of Aldermen for the lawful and successful conduct of meetings.
7. The Board
of Aldermen hereby establishes a limit of ten (10) minutes for those
requesting to be on the agenda after meeting with the
Town Manager as directed above.
8. Public
comment will be scheduled to ensure that matters on the agenda and/or
requiring board action are given proper consideration. Public
comment will be accepted at the end of the agenda.
ALDERMAN ALDRIDGE
MADE A MOTION TO APPROVE RESOLUTION 05-16.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
ALDERMAN TAYLOR
MADE A MOTION TO ADOPT A POLICY THAT THE FIRST TUESDAY OF EACH MONTH WILL BE AN
AGENDA SETTING MEETING THAT WILL BE SCHEDULED FOR 3:30 P.M. AND THE SECOND
MEETING OF EACH MONTH WILL BE HELD AT 6:30 P.M. TO BE CONCLUDED OR CONTINUED NO
LATER THAN 9:00 P.M. TO BECOME EFFECTIVE JULY 1, 2005.
MOTION CARRIED
UNANIMOUSLY.
Video Taping Meetings: Official or Unofficial Tapings
The Taxpayer’s Association has requested to tape the monthly board meetings.
The tapes will not be considered official tapings because of a lack of chain of custody.
The consensus is to allow anyone wishing to tape the meeting to be allowed to do so.
Ratify Resolution 05-15 Approving NC Clean Water
Managerment Trust Fund Grant Application
RESOLUTION
05-15
TOWN OF MAGGIE
VALLEY
NORTH CAROLINA
RESOLUTION APPROVING GRANT APPLICATION
______________________________________________________________________________
WHEREAS, the
North Carolina Clean Water Management Trust Fund has authorized the making of
grants to aid eligible units of government or non-profit organizations in
financing the cost of improvements and/or studies that will impact the quality
of affected waterways and
WHEREAS, the
Town of Maggie Valley intends to request grant assistance from the State of
North Carolina.
NOW,
THEREFORE BE IT RESOLVED, BY THE BOARD OF ALDERMEN:
That the Town of Maggie Valley will arrange financing for all remaining costs of the Project, if approved for a State grant.
That
the Town of Maggie Valley will perform the functions and obligations of the
grant recipient as set out in a grant agreement should this project be chosen
for funding.
That
Kevin Byrd, Planning Director, and successors so titled, is hereby authorized
to execute and file an application on behalf of the Town of Maggie Valley with
the North Carolina Clean Water Management Trust Fund for a grant to aid in the
construction of the project described above.
That
Kevin Byrd, Planning Director and successors so titled, is hereby authorized
and directed to furnish such information as the appropriate State agency may
request in connection with such application or the project: to make the
assurances as contained above, and to execute such other documents as may be
required in connection with the application.
ALDERMAN DEMEOLA MADE A MOTION TO APPROVE
RESOLUTION 05-15 AS PRESENTED.
ALDERMAN TAYLOR SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Solid Waste Bids
The low bidder was GDS Inc. for $7.60 per month for curbside solid waste collection.
Council directed staff to investigate the possibility of subsidizing recycling.
Alderman McElroy directed staff to pursue residents’ complaints. There will be exceptions when a mobile home or a house is uninhabitable. The electric meter must be pulled from the home in order to become exempt from the charge.
Staff will investigate available grants before the recycling project begins.
ALDERMAN ALDRIDGE
MADE A MOTION TO SCHEDULE THE PUBLIC HEARING FOR SOLID WASTE COLLECTION FOR
JUNE 21, 2005.
ALDERMAN TAYLOR
SECONDED THE MOTION.
MOTION CARRIED.
Consideration of Sewer Rate Increase
Impact fees are set at the discretion of the Council. Although the Waste Water Treatment Facility is running out of capacity, the Town would not want to discourage growth. Maggie Valley is one of the fastest areas of growth in Haywood County. Council would like to see more growth in the business community.
Alderman Aldridge agreed adding that the residential homes being built along the mountaintops are ruining the scenery.
ALDERMAN ALDRIDGE
MADE A MOTION TO ADOPT THE NEW SEWER TAP FEE RATES EFFECTIVE JULY 1, 2005 TO BE
ADVERTISED IN THE LOCAL NEWSPAPER.
Council discussed posting the rates at the Sanitary District and on the Town’s Bulletin Board.
Manager Shepherd will draft a letter informing people of the rate increase and the reasons why the fee schedule changed.
ALDERMAN ALDRIDGE
AMENDED THE MOTION TO INCLUDE ADVERTISING IN THE MOUNTAINEER NEWSPAPER, MAGGIE
VALLEY SANITARY DISTRICT, AND ON THE TOWN HALL BULLETIN BOARD.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Tax Payers Association: Questions to the Board: Dan
Massey
Mr. Massey asked that Council review the proposed budget line by line. Mr. Massey felt that raising taxes, permit fees and sewer fees will hurt the people in an already bad salutation due to the drop in tourism.
Mr. Massey felt that a board should be formed to go out and solicit businesses to move to Maggie Valley.
Manager’s Report
Manager Shepherd commended Council on the amount of time and effort put into the budget. The budget is adequate but there is no “fat”.
Manager Shepherd reported that he met with the County Manager about the resolution requesting people within 100 feet of the municipal sewer to be required to connect rather than put in a septic tank.
ALDERMAN TAYLOR
MADE A MOTION TO AUTHORIZE THE MANAGER TO CREATE A POLICY/ RESOLUTION REQUIRING
PEOPLE TO HOOK ONTO SEWER ESPECIALLY IN THE ETJ AREA.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
RESOLUTION NO.
05-17
RESOLUTION OF
CONSIDERATION
A RESOLUTION
IDENTIFYING THE AREA DESCRIBED HEREIN AS BEING UNDER CONSIDERATION FOR
ANNEXATION AND NOTIFICATION TO CERTAIN PROPERTY OWNERS OF THEIR RIGHTS TO
DELAYED ANNEXATION OF QUALIFIED PROPERTIES
BE IT RESOLVED by the Board of Aldermen of the Town of Maggie Valley that:
Section 1. Pursuant to G.S. 160A-37(i), the following described area(s) is/are hereby identified as being under consideration for future annexation by the Town of Maggie Valley, under the provisions of Chapter 160A Article 4A, Part 2 of the General Statutes of North Carolina:
Attached map 1.
Section 2. Owners of agricultural land, horticultural land and forestland within the area(s) under consideration for annexation as described in Section 1 above are hereby notified that they may have rights to a delayed effective date of annexation. G.S. 160A-37(f1) and (f2) provide that land being taxed at present-use value qualifies for delayed annexation, and land that is eligible for present-use value taxation but which has not been in actual production for the time period required by G.S. 105-277.3 may qualify for delayed annexation by making application to the Haywood County Tax Assessor for certification. For qualified tracts, the annexation will not become effective for most purposes until the last day of the month in which the tract of part thereof becomes ineligible for present-use value classification under G.S. 105-227.4 or no longer meets the requirements of G.S. 160A-37 (f1(2). Until annexation of a tract becomes effective, the tract will not be taxed by the Town and will not be entitled to services from the Town.
Section 3. A copy of this resolution shall be filed with the Town Clerk
Section 4. This resolution shall remain effective as provided by G.S. 160A-37(i)
ALDERMAN TAYLOR
MADE A MOTION TO ADOPT THE RESOLUTION OF CONSIDERATION AS SHOWN.
ALDERMAN DEMEOLA
SECONDED ADDING THAT A FORMAL AGREEMENT SHOULD BE EXECUTED BETWEEN THE TOWN OF
MAGGIE VALLEY AND WAYNESVILLE USING THE RIDGE LINE AS THE BOUNDARY LINE BETWEEN
THE TWO ENTITIES.
ALDERMAN TAYLOR
AGREED TO THE AMENDMENT.
MOTION CARRIED.
Other Business
United Health Care Insurance representatives have agreed to meet Blue Cross/ Blue Shields’ rates.
1. Increase waiting period for health insurance coverage to 60 days (now 30)
2. Seek ability for retirees to be covered by the Town’s insurance on a self-paid basis.
3. Eliminate spouse/family coverage eligibility if the employee’s dependents have other coverage, unless paid for in full by employee.
4. If a different “new hires” policy is adopted, a graduated system might be-
First year- no spouse/family coverage
Second year – 10% paid by Town
Third year- 20% paid by Town
Fourth year- 30% paid by the Town
Fifth year-40% paid by Town (maximum Town contribution)
ALDERMAN TAYLOR
MADE A MOTION TO ADOPT NUMBERS 1-4 IN THE STAFF/DEPARTMENT HEAD FEEDBACK ON
HEALTH INSURANCE.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
ALDERMAN TAYLOR
MADE A MOTION TO ADJOURN AT 3:45 P.M.
Mayor Pro-Tem Roger McElroy Vickie Best, CMC, Town Clerk