Town of
Regularly Scheduled Board of Aldermen Meeting
MINUTES
Member Present: Mayor
Mark DeMeola
Phil Aldridge
Colin Edwards
Staff Present: Manager Tim Barth, Attorney Chuck
Dickson, Planning Director
Others Present: Approximately 32 people
Meeting Called to
Order
Mayor McElroy called the meeting to order at
Consent Agenda
a. Certificate of Sufficiency: James & Stephanie Tyrell,
Resolution No. 06-63 Setting Date for a Public
Hearing: Annexation for James & Stephanie Tyrell,
(1.982 acres):
b. Certificate of Sufficiency: Andy & Linda Taylor,
Resolution No. 06-64 Setting Date for a Public
Hearing: Annexation for Andy & Linda Taylor,
(3.7924 acres):
c. Petition for Annexation: Barbara Hage,
134 The Trail, Parcel #7697-51-2395,
(0.9801 acres): Resolution No. 06-65,
Directing Clerk to investigate an annexation petition.
d. Correction
and Approval of Minutes for
e. Settlement of Taxes for FY 2005-06 (report available for
inspection in the office of the Town Finance Officer)
f. Order for the Collection of 2005 and Prior Years’ Taxes
g. Order for the Collection of 2006 Taxes
h. Tax Release for August 2006
ALDERMAN PRICE MADE A MOTION TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
MOTION CARRIED UNANIMOUSLY.
Appearance of Dean
Teaster Regarding the Ghost Town Movie That he is Directing
Ms. Alaska Pressley, one of the Executive Producers, introduced Mr. Dean Teaster.
Mr. Teaster’s father, Dole Teaster, played “Digger”, the undertaker, during the early 1960’s at Ghost Town Theme Park. The Ghost Town movie is in honor of his Dad whom had told him, as a child, about a short film on Ghost Town made in 1962. Mr. Coburn, the owner of Ghost Town, had the copyrights, and was kind enough to send him the film. Mr. Teaster stated that when he watched the black and white film, the magic began. The Town Council and the audience watched the nine-minute film of the early days of Ghost Town.
The Ghost Town movie will be released worldwide making it
one of the largest marketing tools available.
This film will promote not only Ghost Town but
Mr. Teaster commented on how the Town’s people have welcomed him and his partners with open hearts. The company is working with several well-known actors to star in the movie.
After production is complete, Mr. Teaster would like to have a six by six foot marker made honoring the gunfighters that worked from 1960 to 1966. Mr. Teaster will fund the project himself. Mr. Teaster asked that the Town maintain the marker on Town owned property.
Alderman DeMeola responded that the Town would be honored and that the recognition was long overdue.
Public Hearing on
Annexation of Carolyn Jones,
Mayor McElroy opened the public hearing at
There were no public comments.
Mayor McElroy closed the pubic hearing at
ALDERMAN ALDRIDGE MADE A MOTION TO ANNEX THE JONES PROPERTY.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on
Annexation of Rush Bros. Investments, Off
Mayor McElroy opened the public hearing at
There were no comments from the floor.
Mayor McElroy closed the pubic hearing at
ALDERMAN DEMEOLA MADE A MOTION TO ADOPT ORDINANCE NO. 483 ANNEXING THE
PROPERTY.
MOTION CARRIED UNANIMOUSLY.
Public Hearing on
Annexation of Quality Oil/ Ernie Rhymer, 3201 Dellwood Road, Parcel #
8606-49-5548
Mayor McElroy opened the pubic hearing at
There were no public comments.
Mayor McElroy closed the hearing at
ALDERMAN ALDRIDGE MADE A MOTION TO ANNEX THE PROPERTY AS REQUESTED.
MOTION CARRIED UNANIMOUSLY.
Council recessed from
Public Hearing on
Amending the Zoning Ordinance in Regard to Outdoor Sales.
Mayor McElroy opened the pubic hearing at
Selena Keller, Manager of Eaglenest Entertainment, addressed Council, questioning if Council’s intent was to restrict outdoor sales at her establishment.
Manager Barth explained that during the process of trying to
find a solution that would be equitable for all for-profit establishments,
statements were made that required the Town to be prepared to take a legal
position. After talking with attorneys
at the
Ms. Keller provided Council with a history of how the issue came about, adding that it was never Eaglenest Entertainment’s intent to instigate anything. The Planning Board provided a recommendation without criteria. The Parks, Recreation, Festival Advisory Board attempted to set criteria without much success. The issue was then sent back to the Board of Aldermen.
Manager Barth explained that a special event permit was established that would allow outdoor sales when events do not compete with events being held at the Festival Grounds. The Town was advised that they would loose in court if permits were denied for this reason. There is no legal justification for denying outdoor sales for events.
Greer Lackey, owner of Eaglenest Entertainment, addressed
Council asking them to consider that all businesses are for-profit. The
controversy came about when the Parks Board said that Eaglenest Entertainment
could not compete with the Festival Grounds.
Council is now threatening to restrict business and growth in
The Town purchased the Festival Grounds in attempt to fill the void when Ghost Town closed. The void was not being filled at the time.
Mr. Lackey explained that the Town was supportive when he purchased the facility (once known as Thunder Ridge) for getting rid of an eyesore. Mr. Lackey was required to meet all the requirements of the zoning ordinance including parking spaces and bathrooms. The Festival Grounds does not have adequate parking because he hears other businesses complain about overflow parking from the Festivals taking up their parking spaces, thus causing them to loose business. “Rules should be applied fair and equally to everyone.”
After hearing further comments about not being able to hold events at Eaglenest Entertainment, if there was an event at the Festival Grounds, Manager Barth attempted to explain that events could be held during the same timeframe, but that Council does not want competing events. It is unreasonable for one promoter to bare the expense of advertising an event while another event takes away business by “riding their coattails”.
Tammy Wight, a member of the Parks, Recreation and Festival Advisory Committee, stated that the committee struggled with the issue. The PRFAC does not want revenue pulled from the Town businesses. The promoter (Chris Anthony: Thunder in the Smokies Harley Rally) was offended that there were two rallies being held the same weekend.
Dan Massey, a member of the PRFAC, stated that he would like to see things left as they are, as long as there are not similar events competing for the same clientele on the same weekend.
Manager Barth will attempt to “find some middle ground” with Ms. Keller and report back to Council at the next regularly scheduled Aldermen meeting.
ALDERMAN ALDRIDGE MADE A MOTION TO TABLE THE ISSUE UNTIL THE NEXT
REGULARLY SCHEDULED MEETING.
MOTION CARRIED UNANIMOUSLY.
Consideration of
Ordinance No. 486 to Repeal the Solid Waste Fee
The 2006/07 budget absorbs the solid waste collection fee as
a service to the citizens of
ALDERMAN EDWARDS MADE A MOTION TO APPROVE ORDINANCE 486 REPEALING
ORDINANCE NUMBER 294
MOTION CARRIED UNANIMOUSLY.
Consideration of
Authorizing Dechant Architecture, P.A. to Finish Preparing Plans and
Specifications and to Bid the Proposed Police Department Project
Previously, Council conducted a workshop with Mr. Dechant reviewing the proposed plans and making several changes. It is Council’s desire to keep the cost of construction to a minimum.
ALDERMAN PRICE MADE A MOTION TO ALLOW THE MAGGIE VALLEY I.C. SUTTON
POLICE DEPARTMENT PROJECT TO GO TO BID.
MOTION CARRIED UNANIMOUSLY.
Alderman Price explained that I.C. Sutton has been in law enforcement since 1947 and that during the early years, Constables had to run for election. Because of Mr. Sutton’s dedication and many personal sacrifices for the Maggie Valley Community, “he deserves to have the police department named in his honor”.
Manager’s Report
Manager Barth updated Council on the following:
● The floor for the stage at the Festival Grounds will be installed this week. Hickory Construction has donated labor to erect the walls. As an in-kind service, Clark & Leatherwood Construction will install the trusses. The plumbing and electric work will be done in-house. The electric service will be completed within the week. The Town is looking for volunteers to assist with all aspects of construction. A 40-foot handicap ramp needs to be built.
Mayor McElroy asked that anyone wishing to volunteer to help with construction should contact the Town Clerk with their name and telephone number.
● The waterfall project is moving forward. They are preparing the pond and stacking rock.
● The
new owners of Ghost Town will have an opening presentation
● The
Board of Aldermen will present Mr. R.B. Coburn a plaque honoring him for all he
has done for
Other Business
There was no business to address.
Public Comment
Lee Shelton, property owner in
· The road is 10 foot wide and cannot carry the additional traffic.
· The association spent $40,000 doing roadwork and will not allow the road or road right-of-way to be disturbed.
· There is not adequate parking.
· The association has lost their contractual price for additional roadwork because of the time lost trying to alleviate the worry and cost of fixing a road to only be destroyed by running sewer lines.
· The attorney for Mr. Baker did not search the title
· Multifamily homes are prohibited by the covenants for Sherwood Forest Subdivision.
· No one in the community wants this project to move forward.
Manager Barth explained that the
Town’s only stance is sewer service. The Town is not getting involved in deed
restrictions or annexation at this time. The Town owned sewer line ends at a
certain point on
Mr. Shelton stated that many
people have spent a lot of time on this issue. There is no sewer service near
this property. Property owners have talked with the Building Inspector from
Haywood County Inspection Department and he felt
Mayor McElroy informed Mr. Shelton that the Town Board has not taken any action on the matter. The Town will not get involved.
Mr. Shelton asked that it be stated for the record that the petition for annexation is off the table and is not being considered.
Manager Barth stated that the petition for annexation is not being considered until the legalities are worked out between the residents and Mr. Baker. The Town will allow Mr. Baker to connect to sewer if he can legally do so.
ON MOTION OF ALDERMAN PRICE, THE MEETING
ADJOURNED AT
MOTION CARRIED UNANIMOUSLY.
_________________________________
Mayor
_________________________________
Vickie Best, CMC, Town Clerk