Town of
Regularly Scheduled Board of
Aldermen Meeting
July 24, 2007
5:30 p.m.
MINUTES
Members Present: Mayor
Pro-tem Mark DeMeola Aldermen:
Phil Aldridge
Colin Edwards
Members Absent: Mayor
Staff Present: Attorney
Staff Absent: Manager Tim Barth
Others Present: approximately 25 people were in attendance
1. Meeting Called to Order.
Mayor Pro-tem DeMeola called the meeting to order at 5:32 pm in the Town Hall Boardroom.
2. Consent
Agenda
a. Correction
or Approval of Minutes of July 10, 2007
b. Resolution 07-46 setting date for public
hearing August 7, 2007 Volunteer annexation HarryPardee , 70 Turn A Bout Ct, lot
41 Brannon Forest, 7697-86-6031
c. Resolution 07-47 setting date for public
hearing, August 7, 2007, Volunteer annexation, George & Joyce McCall, 42
The Trail, 7697-51-4143
d. Resolution 07-48 setting date for public
hearing, August 7, 2007, Volunteer annexation, Kenneth Keidel,
e. Resolution 07-49 setting date for public
hearing, August 7, 2007, volunteer annexation, Bill & Patsy Cockcroft, lot
67
f. Resolution 07-50 setting date for public
hearing, August 7, 2007, volunteer annexation, Janice & Lawrence Scott, Lot
141 Brannon Forest, 654 Brannon Forest Dr., 7697-66-5471
g. Resolution 07-55 directing the clerk to investigate the sufficiency, lot 33 Campbell Woods, 8606-17-5598
h. Resolution 07-56 directing clerk to investigate
sufficiency Lots 1,2,3 on
i. Resolution 07-57 directing clerk to investigate
sufficiency,
j. Tax Releases, Order to collect 2007 taxes, Order to collect prior year taxes, settlement of tax cover sheet, Settlement memo to Board, Settlement summary
Clerk Best asked that item i. be amended to remove parcel 4548.
With the correction noted, the following motion was made.
ALDERMAN EDWARDS
MADE A MOTION TO ACCEPT THE CONSENT AGENDA.
MOTION CARRIED
UNANIMOUSLY.
3. a. Public Hearing on Annexation of Kimilene S.
Toplitz, 450 Brannon Forest Drive., Parcel
#7697-76-3010 (0.589 acres).
b. Consideration of Ordinance No. 555 to annex
Kimilene S. Toplitz, 450 Brannon Forest Drive, Parcel #7697-76-3010 (0.589
acres).
Mayor McElroy opened the public hearing at 5:36 pm. There being no comments from the floor, the hearing was closed at 5:37 pm.
ALDERMAN PRICE
MADE A MOTION TO ADOPT ORDINANCE 555 ANNEXING THE PROPERTY AS REQUESTED.
MOTION CARRIED
UNANIMOUSLY.
4. a. Public Hearing on Annexation of Daniel Thomas
Crawford,
b. Consideration of Ordinance No. 556 to annex
Daniel Thomas Crawford, 2940 Dellwood Road, Parcel #8607-50-7015 (0.993 acres).
Mayor McElroy opened the public hearing at 5:37 pm. There being no comments from the floor, the hearing was closed at 5:37 pm.
ALDERMAN ALDRIDGE
MADE A MOTION TO ADOPT ORDINANCE 556.
MOTION CARRIED
UNANIMOUSLY.
5. a. Public Hearing on Annexation of James &
Sharon Franklin,
Parcel
#8606-49-5925 (0.52 acres).
b. Consideration of Ordinance No. 557 to annex
James & Sharon Franklin, 36 Hayes Street, Parcel
#8606-49-5925 (0.52 acres).
Mayor McElroy opened the public hearing at 5:38 pm. There being no comments from the floor, the hearing was closed at 5:38 pm.
ALDERMAN PRICE
MADE A MOTION TO ADOPT ORDINANCE 557.
MOTION CARRIED
UNANIMOUSLY.
6. a. Public Hearing on Annexation of Calvin &
Dana Blanksteen, 190 Turn-A-Bout Court, Parcel
#7697-86-2063 (0.761 acres).
b.
Consideration of Ordinance No. 558 to annex Calvin & Dana
Blanksteen, 190 Turn-A-Bout Court, Parcel #7697-86-2063 (0.761 acres).
Mayor McElroy opened the public hearing at 5:38 pm. There being no comments from the floor, the hearing was closed at 5:39 pm.
ALDERMAN EDWARDS
MADE A MOTION TO ADOPT ORDINANCE 558.
MOTION CARRIED
UNANIMOUSLY.
7. Appearance
of
The issue was postponed indefinitely.
8. Appearance
by the Board of Adjustments to request the Variance Fee be changed.
Zoning Board of Adjustments’ Chairman Jay Ring, addressed
Council on behalf of the board members .The members feel the charge of $200 is
arbitrary without justification. The
case law that Manager Barth presented [City of
Council discussed why the variance fees were being brought up if the Zoning Board were to set fees and if the general statutes addressed the issue. Council discussed the comparison grid with other municipalities. A residential request is different from a commercial variance request. More staff time is often required when the request comes from a commercial venue.
ALDERMAN EDWARDS
MADE A MOTION TO SET THE VARIANCE FEES FOR
RESIDENTIAL AT $75 AND THE FEE FOR COMMERCIAL WILL REMAIN $200.
MOTION CARRIED
UNANIMOUSLY.
9.
Consideration of a resolution to accept dedication of the streets in
RESOLUTION NO.
07-51
A RESOLUTION
ACCEPTING THE DEDICATION OF CERTAIN STREETS
INTO THE TOWN OF
Whereas, The Town of Maggie Valley desires to assist in making roads safe and maintained under certain guidelines; and
Whereas, The developers of the subdivision located within the corporate limits commonly known as Brannon Forest have requested the Town accept dedication of their streets into the Town’s street system; and
Whereas, The developers have submitted certification to the Town that roads submitted for addition meet all the requirements and specifications contained within the minimum construction standards for the Town of Maggie Valley.
NOW, THEREFORE IT BE RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF
a.
b. Turn A Bout Circle consisting of 850 linear feet
c. Airish Lane consisting of 700 linear feet
d. Rockin Chair Lane consisting of 700 linear feet
e. Cripple Creek Lane consisting of 850 linear feet
ALDERMAN EDWARDS
MADE A MOTION TO ACCEPT THE STREETS.
MOTION CARRIED
UNANIMOUSLY.
10.
Consideration of a resolution to accept dedication of the streets in
Crockett’s Meadow.
RESOLUTION NO.
07-52
A RESOLUTION
ACCEPTING THE DEDICATION OF CERTAIN STREETS
INTO THE TOWN OF
Whereas, The Town of Maggie Valley desires to assist in making roads safe and maintained under certain guidelines; and
Whereas, The developers of the subdivision located within the corporate limits commonly known as Crockett Meadows have requested the Town accept dedication of their streets into the Town’s street system; and
Whereas, The developers have submitted certification to the Town that roads submitted for addition meet all the requirements and specifications contained within the minimum construction standards for the Town of Maggie Valley.
NOW, THEREFORE IT BE RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF
The streets herein named in the Crockett Meadows Subdivision become accepted into the Town of Maggie Valley maintained road system.
a.
Panoramic
b. Altitude Ter. Consisting of 280 linear feet
c. Bonus Ct. consisting of 380 linear feet
d. Contentment Pl consisting of 340 linear feet
e. Destiny Trl consisting of 260 linear feet
f. Meandering Way consisting of 360 linear feet
g. Placid Cove consisting of 110 linear feet
The above named streets shall be submitted to be included on the certified Powell Bill Map
The above listed streets shall become part of the Maggie Valley Road System upon adoption this the 24 day of July 2007.
ALDERMAN ALDRIDGE
MADE A MOTION TO ACCEPT THE STREETS AS PRESENTED.
MOTION CARRIED
UNANIMOUSLY.
11.
Consideration of a resolution that the Town will follow all of the
appropriate guidelines in regarding
the renovation and expansion of the wastewater treatment plant in order to
qualify for SRF loan funds.
RESOLUTION 07-53
Town of
RESOLUTION
BY BOARD OF ALDERMEN
WHEREAS, The Federal Clean Water Act Amendments of 1987
and the North Carolina Clean Water Revolving Loan and Grant Act of 1987 have
authorized the making of loans and grants to aid eligible units of government
in financing the cost of construction of wastewater treatment works, and
WHEREAS, The Town of Maggie Valley has need for and
intends to construct a wastewater treatment works, project described as the
upgrade and expansion of existing wastewater treatment facilities including the
addition of clarifiers exterior to the basins and the upgrade of related
appurtenances including influent, effluent and other yard piping to increase
the hydraulic capacity of the plant, and
WHEREAS, The Town of Maggie Valley intends to request
state loan assistance for the project,
NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF
ALDERMEN OF THE TOWN OF
That
the Town of Maggie Valley will arrange financing for all remaining costs of the
project, if approved for a State loan award.
That
the Town of Maggie Valley will adopt and place into effect on or before
completion of the project a schedule of fees and charges and other available
funds which will provide adequate funds for proper operation, maintenance, and
administration of the system and the repayment of all principal and interest on
the debt.
That
the governing body of the Town of Maggie Valley agrees to include in the loan
agreement a provision authorizing the State Treasurer, upon failure of the Town
of Maggie Valley to make scheduled repayment of the loan, to withhold from the
Town of Maggie Valley any State funds that would otherwise be distributed to
the local government unit in an amount sufficient to pay all sums then due and
payable to the State as a repayment of the loan.
That
the Town of Maggie Valley will provide for efficient operation and maintenance
of the project on completion of construction thereof.
That
Timothy J. Barth, Town Manager, and successors so titled, is hereby authorized
to execute and file an application on behalf of the Town of Maggie Valley with
the State of
That
Timothy J. Barth, Town Manager, 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.
That
the Town of Maggie Valley has substantially complied or will substantially
comply with all Federal, State, and local laws, rules, regulations, and
ordinances applicable to the project and to Federal and State grants and loans
pertaining thereto.
ALDERMAN PRICE
MADE A MOTION TO ADOPT RESOLUTION 07-53.
MOTION CARRIED
UNANIMOUSLY.
12.
Consideration of a resolution that the Town will fulfill certain
obligations in regard to the project to extend sewer to Ghost Town.
Resolution Number 07-54
Authorizing Resolution by Board of
Aldermen
Town of
NC Economic Infrastructure Program
WHEREAS, The North General Assembly passed House Bill 1352 authorizing the making of grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, that will result in job creation; and,
WHEREAS, The Town of Maggie Valley has need for and intends to construct or rehabilitate a publicly-owned treatment works or an alternate wastewater system, for wastewater collection systems or for water supply and distribution systems, project described as the construction of gravity sewer to support facilities of the Ghost Town complex; and,
WHEREAS, The Town of Maggie Valley intends to request grant assistance from the Economic Infrastructure Grants Program for the project; and
NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF
ALDERMEN OF THE TOWN OF
That the Town of Maggie Valley will arrange financing for all remaining costs of the project, if approved for a grant.
That the Town of Maggie Valley will provide for efficient operation and maintenance of the project on completion of construction thereof.
That Timothy J. Barth, Town Manager, and successors so titled, is hereby authorized to execute and file an application on behalf of the Town of Maggie Valley with the NCREDC Rural Center) for a grant to assist in the construction of the project described above.
That Timothy J. Barth, Town Manager, and successors so
titled, is hereby authorized and directed to furnish such information as the
That the Town of Maggie Valley has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to the grants pertaining thereto.
ALDERMAN EDWARDS
MADE A MOTION TO ADOPT RESOLUTION 07-54.
MOTION CARRIED
UNANIMOUSLY.
13. Call for a public hearing for August 7, 2007 at
3:30 pm and 5:30 pm for the purpose of rezoning Timberlake properties from
Residential 1 to Residential 2.
ALDERMAN PRICE
MADE A MOTION TO SET THE PUBLIC HEARING FOR AUGUST 7TH.
MOTION CARRIED
UNANIMOUSLY.
14. Responsible party for obtaining rights-of-way and
the widening of
A road policy should be developed before making any decisions on any particular road within the corporate limits. Council will direct Manager Barth to begin working on a road policy.
15. Pavilion Fees and Rental policy for pavilion
In an effort to find a balance between community use and commercial use, the following motion was made.
ALDERMAN EDWARDS
MADE A MOTION TO DISCONTINUE RENTING THE PAVILION FOR COMMERCIAL USE,
NON-PR0FITS MAY RENT THE FACILITY WITH THE CORRECT PAPERWORK SHOWING THEY
ARE STATE RECOGNIZED AS A NON-PR0FIT, A
NON-PROFIT MAY NOT SPONSOR A COMMERCIAL GROUP, AND RENTAL REQUEST LONGER THAN
ONE-DAY MUST BE APPROVED BY COUNCIL. THE FEES FOR COMMUNITY USE WILL REMAIN THE
SAME.
MOTION CARRIED UNANIMOUSLY.
16. Amending the sewer extension policy to clarify
that the Town Council has the authority not to provide sewer service.
Under General policy section II the policy currently reads:
2. Extension of Sewer
Service Beyond Municipal Limits
No
sewer shall be provided to any property outside of the municipal limits of the
Town and no subdivision plat shall be recorded for any property outside the
municipal limits for which sewer will be provided except upon compliance with
one of the following provisions:
a.
If
the property is contiguous to the municipal limits of the Town or if it is not
contiguous but meets the requirements of a satellite annexation (G.S. 160A-58 through
G.S. 160A-58.6), prior to receiving sewer or recording a subdivision plat, the
property owners shall irrevocably petition for annexation of said property into
the municipal limits of the Town. Subsequent action shall be at the discretion
of the Town Board.
b.
If
the property is not contiguous to the municipal limits of the Town and
satellite annexation cannot be accomplished, or it is not approved by the Town
Board of Aldermen, the property owners shall enter into a binding written
agreement with the Town for the annexation thereof at such future date as said
property shall be contiguous to the municipal limits of the Town or meets the
requirements of a satellite annexation, and is approved by the Town Board of
Aldermen.
The following proposal is being recommended for clarification:
No sewer shall be provided to any property outside the municipal limits of the Town and no subdivision plat shall be recorded for any property outside the municipal limits for which sewer will be provided except upon compliance with one of the following provisions:
a. If the property is contiguous to the municipal limits of the Town, or if it is not contiguous but meets the requirements of a satellite annexation (G.S. 160A-58 through G.S. 160A-58.6) the property owners shall irrevocably petition for annexation of said property into the municipal limits of the Town. Subsequent action on the annexation petition shall be at the discretion of the Town Board. Application must also be made to the TMVSSD for sewer to be provided to the property. Subsequent action on the application shall be at the discretion of the Board of Aldermen.
b. If the property is not contiguous to the municipal limits of the Town, and satellite annexation cannot be accomplished, or if the petitioned annexation is not approved by the Town Board of Aldermen, the property owners shall enter into a binding written agreement with the Town of the annexation thereof at such future date as said property shall be contiguous to the municipal limits of the Town or meets the requirements for a satellite annexation, and is approved by the Town Board of Aldermen. Application must also be made to the TMVSSD for sewer to be provided to the property. Subsequent action on the application shall be at the discretion of the Board of Aldermen.
ALDERMAN EDWARDS
MADE A MOTION TO APPROVE THE AMENDMENT TO THE EXTENSION POLICY.
MOTION CARRIED
UNANIMOUSLY.
17. Scheduling a public hearing to amend the sign ordinance regarding limiting the number of political signs on one property.
The issue was addressed by the Planning Board in 2005, and then tabled by Council in early 2006. Alderman Aldridge asked that the issue be placed on the agenda again. The recommendation is to limit size to 12 square feet, allow one sign per candidate per property, and to eliminate the $100 deposit.
ALDERMAN PRICE
MADE A MOTION TO SET THE PUBLIC HEARING FOR AUGUST 21, 2007 AT 5:30 PM.
MOTION CARRIED
UNANIMOUSLY.
18. Manager’s Report.
The clerk did not have a report.
19. Other Business.
Alderman Aldridge asked that Council being allowed to purchase insurance through the Town be placed on the agenda for further discussion.
20. Public
Comment
Evelyn Lee addressed Council thanking them for trimming the
brush off the dangerous curve on
Dan Massey addressed the Board stating that the tapes are no good; the only one that can be heard is Phil Aldridge. Mr. Massey stated that the words non-commercial should be added to the pavilion rental agreement.
Garrett Anderson asked if he would still be allowed to cater food for the events at the pavilion. Snappy’s Restaurant would still be able to cater events, but Mr. Anderson could no longer rent the pavilion for the people having the event.
Mr. Anderson also asked if the Town could take over the
street behind
Public Director Mike Mehaffey explained that the Town and several of the property owners have tried to get dedication of the street. There are two homeowners that will not agree to sign.
Russell Mclean questioned if the amendment to the extension policy gave Council the authority to deny providing sewer.
Attorney Dickson responded that the policy already gave Council the authority to deny; the amendment only clarifies the issue.
Public Works Director Mike Mehaffey responded that the first
requirement is to petition for annexation. It is at the board discretion if the
petition is accepted or not.
Selena Keller asked that the Town staff change their voice mail stating that they are on vacation or out of the office. Ms. Keller also stated that she did not get the e-mail stating that there was an agenda-setting meeting.
21. Meeting Adjourned.
ON MOTION OF
ALDERMAN EDWARDS, WITH ALL IN FAVOR, THE MEETING ADJOURNED AT 6:34 PM.
__________________________________
Mayor Pro-Temp Mark DeMeola
__________________________________
Vickie Best, CMC, Town Clerk