Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

July 6, 2004

MINUTES

 

Members Present:          Mayor Jo Pinter               Aldermen:          Linda Taylor

                                                                                                                                                Mark DeMeola

                                                                                                                                                Phil Aldridge

                                                                                                                                                Jim Higel

Members Present:          Manager Scott Buffkin and Town Clerk Vickie Best

Approximately 15 people were in attendance.

 

 

Meeting Called To Order

Mayor Pinter called the meeting to order at 1:35 p.m. on Tuesday July 6, 2004 in the town hall boardroom.

 

Mr. Cletis Wagahoff gave the invocation and led the audience in the pledge of allegiance.

 

Mayor Pinter reminded everyone of the Folk Moot Parade of Nations, and the scheduled dinner with the Cherokee officials taking place July 15, 2004.  Mr. James Carver reminded everyone of the Foley, Alabama celebration to take place at town hall.

 

 

Public Comments

Mr. Les Holzhuter addressed council stating that the civic association will meet tonight and wish to finalize the dedication to Miss Jenny by placing a plaque on the waterfalls. The civic members have discussed enlarging the waterfalls and adding a gazebo.

 

Mr. Holzhuter would also like the park behind town hall to be dedicated to Miss Jenny.  Memorabilia could be displayed in the gazebo. The Civic Association desires to raise money through donations from the town and other business owners. The Civic Association feels that the money Miss Jenny donated to the Civic Association should not be used to honor her.

 

Manager Buffkin responded.  A gazebo out near the waterfall and benches would not add to the area. When the project was originally proposed there was to be a plaque honoring Miss Jenny. 

 

Alderman Taylor endorsed enlarging the waterfall.

 

Council had previously discussed a sitting area on the festival grounds near the silo.

 

Mr. Holzhuter informed Council that the Civic Association has also discussed a museum inside town hall.  

 

There is not adequate room inside town hall at this time. The departments are short of space for storage of records, etc. Council has discussed hiring someone to conduct a space needs assessments as the Town of Waynesville just completed.

 

Mr. Holzhuter suggested moving the Police Department and giving that room to the Civic Association.

 

The Civic Association should complete the waterfall area by purchasing the plaque honoring Miss Jenny especially in light of the amount of time that has passed.

 

Mr. Holzhuter asked if the town would contribute money to enlarging the waterfalls.

 

The 2004/05 budget has been completed and adopted with no more allocations for donations.

 

The original festival committee had discussed having a walking trail and a picnic area along the creek at the festival grounds. Alderman Taylor suggested Mr. Holzhuter talk with the Civic Association about those possibilities. This would be a nice area for people to use during events to have a place to sit and eat a hot dog or for visitors and citizens to picnic and walk. A gazebo in the playground behind town hall would be ideal for parents to sit and watch their children play.

 

The consensus was that the waterfall needs improvements.

 

Mr. James Carver addressed council asking that the medical benefits be retained for the employees. “This helps us to keep good employees.”  Mr. Carver also encouraged council to have an open forum for ideas with the ABC Board. The store should be updated and turned into a “money making machine”.

 

 

Consent Agenda

4Approval or Correction of Minutes from May 19, 2004

 

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE MINUTES OF MAY 19, 2004 AS PRESENTED.

ALDERMAN HIGEL SECONDED THE MOTION

MOTION CARRIED.

 

 

Manager’s Report

Manager Buffkin reported that the sign for the festival grounds will be delivered the first week of August. The down payment was mailed today. Manager Buffkin will be meeting with the North Carolina Department of Transportation next week. Manager Buffkin will draft a letter to go to business owners advising them of the opportunity to purchase advertisement on the sign.  Alderman Higel confirmed that the charge for advertising on the sign would be $1,000 per year rather than broken down into monthly installments. Alderman Taylor concurred.

 

Since the town is responsible for running the electric to the sign, Alderman Aldridge asked that Manager Buffkin have an electrician on standby so the sign will be up and running as soon as possible.

 

Alderman Higel questioned if there was a need for light poles.  The vendors generally have generators. Manager Buffkin felt the extreme cost is in running lines to all of the outlets.

 

The construction of the decorative fence will begin next week.

 

Manager Buffkin reminded everyone of the League of Municipalities annual conference October 24 through the 26.  

 

Manager Buffkin thanked Mayor Pinter for her assistance with the mural on the silo at the festival grounds. Mr. Perry will widen the boarder and waterfall.

 

The Finance Director will begin implementing a donation policy like the Haywood County’s policy for donating to non-profit organizations.

 

Manager Buffkin reported that he and Ms. Wheeler, the finance director have been researching different options for credit cards and reward benefits. The Town currently has a BB& T corporate card that does not charge an annual fee nor provides for rewards.

 

Mayor Pinter and Manager Buffkin have been working on amending rules of procedure for conducting board meetings.  The Robert’s Rules of Order was adopted but does not really apply to small boards. After Manager Buffkin completes the draft amendments, a copy will be placed in each council member’s mailbox for discussion at the next regularly scheduled meeting.

 

Manager Buffkin asked council to look at the town’s web page and make any suggestions of items they would like to see changed, added, or subtracted.  The site can be found at townofmaggievalley.com.

 

Alderman Taylor suggested adding buttons for contacting the elected officials.  Alderman DeMeola agreed adding that normally four mailboxes are customary for a web page. The web page could be set to send e-mail to each alderman’s personal e-mail address.

 

Mayor Pinter asked that each council member complete their performance evaluation of Manager Buffkin and drop those off at the Valley Inn for the Mayor pro-tem to assemble.

 

Discussion of Brannon Forest Sewer Request

Mr. Greg Stevenson representing Brannon Forest Subdivision addressed council stating that the development currently has 133 sewer taps.  Brannon Forest Development LLC would like to request an additional thirty (30) taps for a new phase.  Brannon Forest Subdivision can not record the new phase until sewer taps or septic is approved.

 

Mr. Stevenson will provide a plat of the new phase for approval.  

 

Alderman Higel questioned the process of annexing Brannon Forest and the problems that have arose; then turning around and giving them an additional thirty taps.

 

This subdivision will be a separate phase. Manager Buffkin informed council that a separate new phase can be annexed while the old phase is pending. There are approximately 20 to 25 lots left in the old phase.

 

Alderman Taylor stated that the town never agreed to extend sewer service without the agreement being signed. The developer or the seller should have had the annexation agreement noted on the assessment portion of the sales contract.  Alderman Taylor went on to say that she has a difficult time explaining how there is an entire subdivision with sewer service that is not incorporated into the town limits.  “People are very upset because it is unfair to all that have been required to annex in order to receive sewer service.”

 

The sewer use ordinance now requires annexation prior to receiving sewer service.

 

Alderman Taylor gave a history of how Brannon Forest received sewer service in the beginning.

 

Attorney Dickson was unsure if the town could cut the sewer off to the homes that will not annex.  Manager Buffkin concurred adding that if petitions were signed by all property owners but one; it would be difficult to have any leverage. Another option would be to ask the State Legislators to exempt Maggie Valley from the subdivision annexation laws.  Several towns throughout the state are exempt.

 

If the area proposed for annexation, or any portion
            thereof, is a subdivision as defined in G.S.
            160A-376, all of the subdivision must be included.
This subdivision does not apply to the Cities of
            Claremont, Concord, Conover, Gastonia, Locust,
            Newton, Sanford, Salisbury, and Southport, and the
            Towns of Bladenboro, Catawba, Maiden, Midland, Pine
            Level, Ranlo, Swansboro, and Warsaw.

 

Alderman Taylor offered another option.  The town could raise sewer rates to the extent that it would be cost effective to annex into the town. 
 

Manager Buffkin agreed the town could charge a different rate for the subdivision.

Attorney Dickson will investigate the options.

 

Part of Horseshoe Cove Subdivision has sewer without water.

 

Mr. Stevenson will talk with Jack Kirsten, the attorney for Brannon Forest.

 

Alderman Higel asked that both the attorney and manager investigate the legalities of annexing a separate phase of a subdivision.

 

The town will maintain the streets in the phase two portion if annexed in its entirety.  

 

Mayor Pinter asked that Attorney Dickson research the options and then get back with Manager Buffkin.  Mr. Stevenson gave verbal permission for Attorney Dickson to speak with Attorney Kirsten.

 

Not wanting to hold up development, Alderman Taylor suggested granting Mr. Stevenson’s request for an additional 30 taps if the second phase can be legally considered a separate subdivision and a petition for annexation for the entire phase is submitted.

 

Council directed Manager Buffkin to submit all pertinent information to Attorney Dickson for his review and return with an answer at the next board meeting.

 

Manager Buffkin informed council that it would be legal to set a separate sewer user rate for a separate class of people as long as the rate is the same for all parties within that group; such as areas with sewer and not water outside the corporate limits.

 

160A-314.  Authority to fix and enforce rates.
  (a)A city may establish and revise from time to time
schedules of rents, rates, fees, charges, and penalties for the
use of or the services furnished by any public enterprise.
Schedules of rents, rates, fees, charges, and penalties may vary
according to classes of service, and different schedules may be
adopted for services provided outside the corporate limits of
the city.

 

Council directed Manager Buffkin to calculate a sewer fee that would be comparable with the current tax rate.  This could be used as an incentive to annex into the town.  

 

 

Public Hearing – Annexation Request – William & Faye Clause

Mayor Pinter opened the floor for comments regarding the request for volunteer annexation from Mr. William and Faye Clause at 2:40 p.m. The home is located on Riddle Cove Road. The parcel number is 7697-30-0072.

 

There were no comments from the floor. Mayor Pinter closed the hearing at 2:43 p.m.

 

ALDERMAN HIGEL MADE A MOTION TO ACCEPT THE PETITION FOR VOLUNTEER ANNEXATION.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY.

 

Ordinance 349 entitled An Ordinance to Extend the Corporate Limits of the Town of Maggie Valley, North Carolina is hereby adopted.

 

 

Other Business

 

                  Request to use the Community Center:

The Chamber of Commerce is requesting to use the community center during the annual Moonlight Race set for August 26, 27and 28.

 

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE REQUEST TO USE THE COMMUNITY CENTER FOR THE MOONLIGHT RACE.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MOTION CARRIED.

 

 

                  Request to trim trees on the town owned Villa L’ Abri property

Steve Hughes developer of the property above the town owned property located within the Villa L’ Abr subdivision has made a request for the town to trim trees in an effort to clear the view for property owners.  The land in questions is approximately ten acres that was dedicated for greenways/ recreation areas.  There is a waterfall located on the property that will be restored to accommodate public access.

 

Alderman Higel suggested sending a staff member to look at the area.

 

Mr. Hughes stated that the property owners have agreed to pay the cost of a professional tree trimming company to come in and clear the view.

 

Alderman Taylor asked that the greenways plan be taken into consideration prior to allowing any trees to be cut or topped. Alderman Taylor went on to make a motion.

 

ALDERMAN TAYLOR MADE A MOTION TO APPOINT AN AD HOC COMMITTEE TO INCLUDE A VILLA L’ ABRI PROPERTY OWNER MAYBE BILL GALLOWAY BECAUSE HE WAS THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION WHEN THE LAND WAS GIVEN TO MAGGIE VALLEY TO BE USED AS A GREENSPACE/GREENWAY.  GET THE GATE OPEN AND RE-ESTABLISH THE GREENWAY COMMITTEE.

MOTION DIED FOR A LACK OF A SECOND.

 

Manager Buffkin explained that large trees have fallen over the falls.  Due to the location and terrain it is impossible for anyone to get to the trees to move them from the waterfalls. 

 

The gate should remain unlocked.

 

Council directed Manager Buffkin to contact the greenways committee to see if they are interested in serving again to expedite the development of the town owned property at Villa L’ Abri.

 

Alderman DeMeola encouraged council to support the seeking of grant funding to be used for recreation.  Manager Buffkin reminded council that often grants are awarded with a 50/50 match.

 

Alderman Taylor stressed the need to take care of this area because these homeowners volunteered for annexation, deeded over ten acres of land to the town that includes the waterfall for recreational use as well as $10,000 to be used for sewer purposes.

 

 

                  Request to Use the Festival Grounds for Civil War Reenactment

Cletis Wagahoff representing the Bed and Breakfast Association is requesting to have a living history and heritage weekend June 17th through the 20th, 2005. The Cold Mountain day will be used as the kick off of the celebration.  Mr. Charles Frazier, author of Cold Mountain is currently working on a second book about Thomas’s Legion.  Thomas’s Legion was a group of Cherokee people that fought during the Civic War for the Confederates led by William Thomas. Hopefully this can be the kick off for next years’ event although the association desires this to become an annual event. Waynesville will participate as well.  The event will have three facets, heritage handcrafters, music/dance and story telling that is indigenous to North Carolina and finally civil war reenactments.

 

The heritage handcrafters will be making their crafts for the pubic to watch.  There are several hundred crafters that do this type of show.

 

The 37th Living History Group consists of between sixty and hundred actors.  They will sleep at the Cataloochee Ranch in an area set up as it would have been during the Civil War. The actors will gather at Ghost Town on Saturday and march down the street to the festival grounds. Areas will be set up at the festival grounds like a recruitment area, medical/hospital area, etc. There will not be a charge for people coming to the festival grounds.

 

On Saturday from 8 p.m. until 10 p.m. at Cataloochee Ranch there will be a candle light tour set up with five story tellers. There will be skirmishes with musket fire, a surrender site, camp sites, horse mounted riders, etc. There will be a $5 charge to enter. The festival ground events will be free.

 

Mr. Wagahoff asked council to approve the event and waive the rental fees. The money from any charges for the event goes to a scholarship for a history major.

 

Alderman Taylor asked that Mr. Wagahoff talk with the Chamber about the non-profit designation. Mayor Pinter agreed that they would need to be a non-profit organization or be under a non-profit designation.  The Chamber or Lodging Association would be glad to help the event.

 

Manager Buffkin suggested asking NCDOT for permission to close one lane of Soco Road for the march from Ghost Town to the Festival Grounds (approximately 1.5 miles).

 

Alderman Higel asked if the actors could possibly camp in the valley, walk up and down the sidewalks, go into some of the stores and restaurants, and talk with people.

 

Mr. Wagahoff will talk with the 37th Living History Group to see what they are willing to do.

 

The Wagahoff’s will discuss the possibility of splitting the concession profits with the town at the next meeting with the 37th Living History Group.  Mayor Pinter asked Mr. Wagahoff to go look at the newly constructed concession stand.

 

Because of recent discussions pertaining to the festival grounds and what organization should govern the events, Alderman Taylor asked that it be entered into the record that all events approved by council be honored regardless of future arrangements.

 

All council members agreed.

 

ALDERMAN HIGEL MADE A MOTION TO APPROVE THE EVENT FREE OF CHARGE CONTINGENT ON GETTING A NON-PROFIT DESIGNATION.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED UNANIMOUSLY  

 

 

                  Maggie Valley Bed Tax Authority

Anticipating what the Haywood County TDA may do with corridor funding, Alderman Taylor talked with council about enacting the authority to collect up to three percent (3%) bed tax.  Haywood County currently collects three percent while the state allows up to six percent. Alderman Taylor contends that with the support of Jim Hobbs the Motel / Hotel Association lobbyist in Raleigh; Maggie Valley may be able to obtain the authority to collect the additional funds.  Without the corridor funding the Maggie Valley Visitor’s Center will have a difficult time surviving.

 

The aldermen will need to pass a resolution and submit the resolution to the legislators through Mr. Hobbs’ assistance. Enacting the bed tax could only happen when all of the lodging owners are in agreement. The bed tax can only be used for promoting tourism.

 

“The Town must take control of its own destiny.”  Alderman Taylor stressed her concerns about loosing the funds and the visitor’s center; especially since most of the bed tax collected in Haywood County comes from Maggie Valley. 

 

The State requires TDA Committees to be composed of a certain number of taxing people and a certain number of tourist oriented people. 

 

ALDERMAN TAYLOR MADE A MOTION TO PASS A RESOLUTION TO ALLOW MAGGIE VALLEY THE AUTHORITY TO ENACT A BED TAX UP TO THREE PERCENT.

ALDERMAN DEMEOLA SECONDED THE MOTION.

MAYOR PINTER VOTED AFFIRMATIVE.

ALDERMAN ALDRIDGE VOTED NO.

ALDERMAN HIGEL VOTED NO.

MOTION CARRIED BY MAJORITY THREE TO TWO.

 

Alderman Higel and Aldridge were apprehensive about the issue coming up with the need to move forward in such haste. Both aldermen wanted more time to research the idea and get input from people that would be affected.

 

Alderman Taylor explained the reason for the rush was for Mr. Hobbs to tack Maggie Valley’s bill on to another bill he was shopping to the legislators. Mr. Hobbs was willing to do this as a courtesy.  As a lobbyist, Mr. Hobbs earns a great deal of money for his lobbying skills. Alderman Taylor reminded council that one of the reasons the lodging association was formed was to try to get Maggie Valley’s fair share of the county’s collected bed tax back in Maggie Valley.

 

Alderman Aldridge supports the chamber, and wanted to be assured that by the town collecting these additional funds there would not be a negative impact.

 

Alderman Taylor reminded council that this idea was discussed in Raleigh.

 

Legislators normally do not support controversial bills. Because the motion was not unanimous Alderman Taylor felt Mr. Hobbs should not even be approached.

 

Attorney Dickson confirmed that the Town of Maggie Valley could establish a Maggie Valley Tourism Development Authority with the support of the Chamber and Lodging Association.  This bill would give Maggie Valley the authority only.  The town could then decide to move forward with the development of a TDA or not. The Town could enact up to three percent; not necessarily the full three percent. 

 

It would take another motion by the Board of Aldermen to enact the tax. Alderman Taylor reminded the board that the County could enact additional legislation and begin collecting the full six percent.

 

Alderman DeMeola stated that this is not taking from anyone, that this resolution could be considered insurance for the future.

 

Again, Alderman Aldridge expressed his concerns about issues coming up when we are “down to the wire”.

 

Alderman Higel agreed to rescind his vote if this is not a method to “get rid of the chamber”.  Alderman Aldridge agreed, asking why the lodging and chamber people are not present to support the resolution.

 

Alderman Higel then question what would happen if Maggie Valley established a Maggie Valley TDA and the Haywood County TDA did give corridor funding to the municipalities; “Would the county still give the visitor center their share of corridor funding?”

 

Alderman Taylor felt the county would have too.

 

The Maggie Valley TDA would only receive bed tax from businesses within the corporate limits.

 

Ms. Shirley Pinto explained the history of the TDA and the JAC and the joint efforts of Waynesville and Maggie Valley to bring tourist to the area. Every dollar spent on advertising must bring people into the motels. Ms. Pinto added that Mr. Al Matthews, the previous town manager was instrumental in getting TDA funding across the state. “Talk to the chamber and members on the TDA Board to see what is going to happen to the corridor funding.”

 

Alderman Taylor reminded council that the previous board had discussed this same issue as well as a food and beverage tax and a service district (down town association) tax. A food and beverage tax will never pass through legislation because the lobbyists for restaurants are so strong.  

 

Attorney Dickson was unsure of the impact with the County TDA if Maggie Valley had a TDA.

 

Mr. Hobbs would not shop the bill without the support of the lodging association.

 

Alderman Taylor again emphasized that she did not want to send a resolution to Raleigh that is not unanimous in passing.   

 

Council took a break from 4:15 p.m. until 4:37 p.m.

 

 

ALDERMAN DEMEOLA MADE A MOTION TO RECONSIDER THE QUESTION.

ALDERMAN TAYLOR SECONDED THE MOTION.

MOTION CARRIED.

 

ALDERMAN TAYLOR MADE A MOTION NOT TO SEND THE RESOLUTION TO RALEIGH BECAUSE OF THE SPLIT VOTE.

 

MOTION DIED FOR A LACK OF A SECOND.

 

Mayor Pinter asked for motion to send the resolution to Raleigh requesting the authority to enact a bed tax for up to three percent.

 

Alderman Aldridge asked if council could conduct a public hearing regarding the matter.

 

Alderman Higel again clarified that even if the resolution is adopted and approved through Raleigh, Council does not have to enact the bed tax; this resolution just give Maggie Valley the authority.

 

Alderman DeMeola responded yes, adding that he wants both Alderman Higel and Aldridge to feel comfortable with their decision. “This gives Maggie Valley the ability to enact a bed tax up to three percent.”

 

 

ALDERMAN ALDRIDGE MADE A MOTION TO SEND THE RESOLUTION TO RALEIGH ASKING FOR THE ABILITY TO ENACT A BED TAX UP TO THREE PERCENT.

ALDERMAN DEMEOLA SECONDED THE MOTION.

All state guidelines will be met. An elected official does not have jurisdiction over the TDA board. The elected officials only appoint the board members. All TDA meetings fall under the open meetings law, the same as the aldermen meetings.

MOTION CARRIED UNANIMOUSLY.

 

ALDERMAN TAYLOR MADE A MOTION TO GO INTO CLOSED SESSION FOR THE PURPOSE OF DISCUSSING A PERSONNEL MATTER.

ALDERMAN HIGEL SECONDED THE MOTION.

MOTION CARRIED.

 

Council entered closed session at 4:50 p.m.

 

Council came out of closed session at 5:08 p.m. and adjourned.

 

 

 

__________________________________

           Jo Pinter, Mayor

 

 

 

 

___________________________________

           Vickie Best, CMC

                  Town Clerk