TOWN OF
REGULARLY SCHEDULED BOARD OF ALDERMEN MEETING
MINUTES
Members Present: Mayor
Colin
Edwards
Phil
Aldridge
Staff Present: Manager Tim Barth, Attorney Chuck
Dickson, Planning Director
Nathan Clark, Public Works Director Mike Mehaffey,
and Town Clerk Vickie Best
Others Present: Approximately 20 people
Meeting Called to
Order
Mayor McElroy called the meeting to order at
Consent Agenda
a. Certificate of Sufficiency: Rush Bros. Investments,
Resolution No. 06-57 Setting Date for a Public
Hearing: Annexation for Rush Bros. Investments,
Off
(8.823 acres):
b. Certificate of Sufficiency: Quality Oil/Ernie Rhymer,
Resolution No. 06-58 Setting Date for a Public
Hearing: Annexation for Quality Oil/Ernie Rhymer,
(1.365 acres):
(0.4 acres):
c. Correction
and Approval of Minutes for
ALDERMAN DEMEOLA MADE A MOTION TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on
Annexation of Carolyn Jones 2881 Dellwood Road Parcel 8607-60-1203
The public hearing was delayed due to the need for clarification.
Public Hearing on
Annexation of Jaclyn Dallman & Maria Sarementero 502 Bear Walk at Brannon
Forest Parcel 7697-75-2013
Mayor McElroy opened the hearing at
There were no comments from the floor.
Mayor McElroy closed the hearing at
ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE THE ANNEXATION.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on
Annexation of Sammy Carver,
Mayor McElroy opened the public hearing at
There were no comments from the floor.
Mayor McElroy closed the hearing at
ALDERMAN EDWARDS MADE A MOTION TO ACCEPT THE ANNEXATION.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on
Annexation of Marjorie & Thomas Davis
Mayor McElroy opened the public hearing at
There were no comments from the floor.
Mayor McElroy closed the hearing at
ALDERMAN EDWARDS MADE A MOTION TO APPROVE THE ANNEXATION.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on
Amending the Zoning Ordinance in Regard to Variances
Mayor McElroy opened the public hearing at
There were no comments from the floor.
Mayor McElroy closed the pubic hearing at
Alderman DeMeola felt that it was in the best interest of the Town to make the suggested changes to getting a variance. The existing wording could cause unnecessary hardships.
Planning Director Clark explained that the wording was taken
from the Town of
Zoning Board Chairman
ALDERMAN DEMEOLA MADE A MOTION TO APPROVE ORDINANCE NUMBER 478 AMENDING
THE ZONING ORDINANCE REGARDING VARIANCES.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on
Amending the Zoning Ordinance in Regard to Regulating Overnight Camping at
Outdoor Music Festivals
Mayor McElroy opened the public hearing at
There were no comments from the floor.
Mayor McElroy closed the hearing at
Manager Barth, the Planning Director and the Planning Board spent a lot of time fine-tuning the ordinance.
ALDERMAN EDWARDS MADE A MOTION TO APPROVE THE ORDINANCE.
MOTION CARRIED UNANIMOUSLY.
Request for
Clarification of Outdoor Sales Regulations
Manager Barth explained that Ms. Selena Keller with Eaglenest Entertainment is making the request for clarification.
Ms. Keller provided a review leading up to the request for clarification. Ms. Keller was notified in April 2006 about the ordinance pertaining to outdoor sales. The outdoor sales issue was sent to the Planning Board for a recommendation. Council did not accept the recommendation.
Ms. Keller stated that the Town Board feels it is all right to limit the freedom of outdoor sales and events. The Parks, Recreation, Festival Advisory Board went from limiting outdoor sales to limiting types of events.
Ms. Keller felt the Town is not enforcing the “spirit of the ordinance”.
The issue first arose due to dealers coming into town and setting up in parking lots to sale sunglasses, rocking chairs, t-shirts, etc.
Ms. Keller stated that Eaglenest Entertainment and the Festival Grounds are “in the same business”.
The discussion then led to police protection/traffic control and the need for the Chief to be notified when events are being held. Ms. Keller stated that the Town of Waynesville’s Police Department have offered to assist.
Ms. Keller felt it unfair to allow scheduled events while other events are taking place in Town but yet if an event is being held at the festival grounds other facilities are limited. Again, Council was reminded that alcohol is not allowed on Eaglenest Entertainment’s property.
Alderman Price clarified that Waynesville Police would be
working under Chief Sutton while in
Council’s concerns again lead to promoters with established events, on recognized weekends, meeting the required $4,000 advertising cost, having competition without the same regulations.
Ms. Keller felt having the same events was no different from Joey’s Pancake House and J Arthur’s restaurant competing for business. Ms. Keller went on to state that the Chris Anthony Motorcycle Rally is riding the coattails of the Cherokee Rally.
The Town would not sanction another rock concert the same weekend as Eaglenest Entertainment is promoting their 70’s show.
Eaglenest Entertainment could have the same event as being held at the Festival Grounds but could not have outdoor sales. A permit is required for outdoor sales. If outdoor sales are not part of the event then no permit is needed for any event held at anytime.
Then Council discussed who should issue the special events permit. As currently written, the Board of Aldermen would issue the permit.
Section 1. Ordinance
350 Regulating Outdoor Sales be amended by adding section 14 which will read as
follows:
(14) Any for profit entertainment and convention
facilities must acquire a special events permit from the Town Board of Aldermen
in order to have outdoor sales and be exempt from the provisions of this
ordinance. A for profit entertainment
and convention facility shall be defined as a facility in which the major
activities are the provision of entertainment and convention.
Manager Barth informed Council that the ordinance would need to be amended to read Manager or the Manager’s designee.
Manager Barth will make the needed amendment to come before Council at the next regularly scheduled meeting.
Mr. Dan Massey, a member of the Parks, Recreation, Festival Advisory Committee, stated that the PRFAC had spent a lot of time discussing the issue. Mr. Massey is against a private business not being able to compete with the festival grounds although the festival grounds can compete with private businesses.
The Town would inform a promoter wanting to rent the festival grounds that a similar event is being held.
Mr. Massey reminded Council “the Town has just spent $20,000
(a contract has not been signed to date) with the Buxton Group for them to tell
us what
Mr. Jim Redmond, owner of Leatherwood Cottages, stated that there were three motorcycle rallies in one weekend when the Town was not aware of the rallies.
Mr. Greer Lackey, owner of Eaglenest Entertainment, stated
that his company had tried to discourage the rally held at his facility. Mr.
Lackey does not allow alcohol on the premises.
Mr. Lackey stated that he is most concerned about the bluegrass festival
and the concerts. Mr. Lackey stated that
he would be willing to test the legality of the rules Council is setting
forth. Mr. Lackey felt the rules were
not ethical or legal. “I have spent a lot of money here [in
A Public Hearing will be held August 15 to amend the Outdoor Sales Ordinance to reflect the Manager or Manager’s designee having the authority to issue Special Event Permits.
A business may only sell outside what is sold inside the establishment. A business license for retail sales must also be purchased.
Ms. Keller disagreed, giving the example of the Quality Inn
allowing a wood carver to set up outside, while the point of sale took place
inside the
Again, Mr. Lackey suggested the Town seek legal assistance for clarification.
Consideration of a Local Government Resolution
The Maggie Valley Police Department was awarded $66,288.00 from the Governor’s Highway Safety Program. Council is required to appropriate $10,212.00 to receive the grant funding. Seventy-five percent of the grant will pay for equipment including a vehicle. The position to be filled would be for a traffic officer. The Town staff receives numerous complaints about people speeding along US-19.
The grant is for fiscal year 2006/07. Next year the Town will reapply. Normally, grant funding is provided for three years.
ALDERMAN PRICE MADE A MOTION TO APPROVE THE RESOLUTION
FOR THE GOVERNOR’S HIGHWAY SAFETY GRANT.
MOTION CARRIED UNANIMOUSLY.
ALDERMAN DEMEOLA MADE A MOTION TO TAKE A BRIEF RECESS.
MOTION CARRIED UNANIMOUSLY.
Council was in recess from
Manager’s Report
► Manager Barth encouraged Council to make plans to attend the annual League of Municipalities Convention October 15,16, and 17th. Council was directed to contact Manager Barth as soon as possible so arrangements can be made.
► The Finance Director has requested information pertaining to payroll since Council will now begin to receive a monthly check.
Other Business
Alderman DeMeola announced that progress was being made on the waterfall at the festival grounds, going on to thank Alderman Edwards and Burton Edwards for their hard work and donation of time.
The money has been donated to build a stage at the festival grounds in memory of Wade Reece. The Reece family asked that donations be made to the festival ground fund in Mr. Reece’s honor.
Manager Barth explained that while running electric service to the stage, it would be most economical to install lighting and electric outlets on the west side of the property. The cost of construction and installation will only increase with time. The Public Works Department will do the trenching for the electric, water, and sewer. To cover the cost, a budget amendment is needed. The funds raised from the benefit concert scheduled for the fall will be put toward the cost of the lighting.
The stage and lighting will open up many more opportunities for the festival grounds and potential events.
ALDERMAN EDWARDS MADE A MOTION TO APPROVE THE BUDGET AMENDMENT.
MOTION CARRIED UNANIMOUSLY.
Alderman Aldridge reported that he is waiting to hear from the company previously contacted about the inscribed bricks. It is important that the project move forward and the bricks be incorporated into a walkway.
After further discussion, the inscriptions may need to be put on rock, if brick do not fit with the waterfall theme.
A walking path is planned behind the water feature to the front gate entering the festival grounds.
Public Comment
Mr.
Ms. Selena Keller asked about putting a banner over
An easement for personal property out of the State right-of-way would need to be given to the Town to set poles and guide wires. If poles and guide wires were set at Laurel Park Inn as once discussed, it would be in the middle of their parking lot.
Mr. Jim Redmond, owner of Leatherwood Cottages, stated that he has four issues:
1. The entrance to Town Hall is too rough. Cars “bottom out” when coming into the Town Hall parking area.
2.
3.
4. Mr. Redmond stated that he previously asked about police officers carrying cell phones so that not all calls go out over the police radio. Mr. Redmond felt that people do not want “everyone knowing their business”.
ALDERMAN ALDRIDGE MADE A MOTION TO GO INTO CLOSED SESSION.
MOTION CARRIED UNANIMOUSLY.
Council went into closed session at
ALDERMAN ALDRIDGE MADE A MOTION TO COME OUT OF CLOSED SESSION AT
MOTION CARRIED
ALDERMAN ALDRIDGE MADE A MOTION TO ADJOURN AT
MOTION CARRIED UNANIMOUSLY.
___________________________________ ________________________
Mayor
.