Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

August 17, 2004

MINUTES

Members Present: Mayor Jo Pinter Aldermen: Linda Taylor

Mark DeMeola

Phil Aldridge

Members Absent: Alderman Jim Higel

Staff Present: Manager Scott Buffkin, Attorney Chuck Dickson, Public Works Director Mike Mehaffey, Police Chief Scott Sutton, Officer Cabe Carver, Planning Director Kevin Byrd.

Others Present: Approximately 45

Meeting Called to Order

Mayor Pinter called the meeting to order at 5:36 p.m.

Mr. Joe Dance gave the invocation and led the audience in the pledge of allegiance.

Public Announcements

Mayor Pinter announced upcoming events in town.

Consent Agenda

Approval or Correction of Minutes: June 22, 2004

ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.

ALDERMAN ALDRIDGE SECONDED THE MOTION.

MOTION CARRIED.

Public Comment

Ms. Joan Rubenacker, resident of Blue Bird Lane addressed council asking what benefits are received for paying over $983 in taxes and having a garbage service that is unwanted. Mr. Rubenacker felt that Aldermen Higel and Aldridge were willing to help the residents but not Alderman Taylor and Mayor Pinter. Ms. Rubenacker added that she had not seen a police car since being annexed warning that she would check with congress to see how long the town had before providing services.

Alderman Taylor questioned if she had contacted the town staff directly. A great number of people annexed into the corporate limits were already receiving services.

Council directed Manager Buffkin to review the issue.

Ms. Mandy Hartline, owner of Stoney Creek Motel commended the Police Department for their professionalism and prompt response. Ms. Hartline thanked Manager Buffkin for putting up with the craziness here at town hall, as well as giving her the opportunity to meet and become acquainted with his family. Ms. Hartline went on to praise the administrative staff in the front office because often “they take the brunt of it”. “The Mountaineer and the articles of late make Maggie Valley look like a village of idiots. When setting up all these committees, council needs to appoint some residents rather than just business owners. The infrastructures of the town are crumbling. The town is neither a visitor’s center nor a business; it is a municipality. If things don’t straiten out we are going to loose good personnel that has served us well for a long time.”

Mr. Hardy Lord, a resident of Brannon Forest addressed council stating that he is opposed to forced annexation and Brannon Forest does not need the town’s services. Mr. Lord felt that Maggie Valley is dividing the community. The Town should revert back to the county where the fire and police departments are better trained and everyone shares equally rather than a municipality trying to fight a budget.

Manager’s Report

4The Strategic and comprehensive plan is complete and Dr. Cooper will present it to Council September 23, 2004 at 5:30 p.m. for approval. The public is encouraged to attend. Copies will be available in the administrative office for review or making copies.

4Installation of the Festival Ground sign is complete and staff will begin training on the message board tomorrow.

4 The decorative fence will be completed this week.

4Public Works Department will remove the chain-link fence.

Police Report

<Chief Sutton reported that there had been no reported incidents at any of the events held the past month.

<The Governor’s Highway Safety grant purchased the trailer among other highway safety items. The grant was 100%. The trailer will be marked within the next couple of weeks.

< The Moon Light Race will be held the same as the last fifteen years with three lanes closed down.

Public Hearing on Flashing Lights/Signs

Mayor Pinter announced, as advertised this is the time and place for public comment pertaining to flashing lights/ signs.

Mr. Jerry Zerbock, a member of the Planning Board addressed council asking that no decision be made until the Strategic Plan is reviewed.

Mr. Zerbock also announced that Mr. Billy Case, a member of the Planning Board as well as the Haywood Waterways Commission will conduct a workshop and invited council and anyone interested to attend. The special called meeting will be held August 25, 2004 at 3:00 p.m. Officials and experts throughout the county will be present to answer questions and provide comment. The issues to be addressed will include watersheds, subdivisions, storm water management, and other planning issues.

Ms. Debra Malicka addressed council correcting the statement flashing lights. This is chasing/scrolling lights. Ms. Malicka’s business sits back off the road and she felt something was needed to attract attention. Ms Malicka suggested a probationary period to see if signs and lights are done tastefully.

Larry Wilksons, owner of the Magic Shop supported the amendment to allow scrolling lights. This will help Maggie Valley to be more visible.

Mr. Dan Massey agreed with Ms. Malicka that the amendment has to do with chasing/scrolling lights; not flashing lights. Mr. Massey went on to explain his request.

All arrows must be on a message board. Lights must have a four second delay. The request for the additional thirty-two feet would be for animation only. Mr. Massey encouraged council to do their job and vote their desires. “This has nothing to do with Dr. Cooper’s plan.”

Ms. Brenda O’Keefe, owner of Joey’s Pancake House, addressed council providing history of the flashing signs and the reason an ordinance was put into place. There were several negative articles written about Maggie Valley looking like a “honky-tonk town”. There were articles with pictures stating “this is what you do not want your town to look like’. Ms. O’Keefe stated that she and other business owners should take umbrage to that kind of negative press. Ms. O’Keefe suggested that there be a better understanding of the ordinances and why they were established. The Zoning Board of Adjustments has the final ruling in situations like this.

Alderman Taylor questioned the Zoning Board of Adjustments’ authority to grant exceptions on a non-conforming signs.

The Zoning Board of Adjustments applies and interrupts ordinances; an appeal of their decision would go to superior court. Manager Buffkin clarified the issue adding that a variance cannot be granted for something that is prohibited. This can be accomplished only through amending the sign ordinance.

Mr. Jessie Forsythe, owner of Minneapolis Go Carts and Game Room stated that he was in favor of chasing lights. Mr. Forsythe believes that people are getting tired of Maggie Valley because there are no activities for young people and kids. “We need the excitement.”

Mr. Dennis Forsythe, also an owner of Minneapolis Go Carts was also in favor of the sign amendment. Mr. Forsythe felt since Ghost Town closed, times for Maggie Valley have changed, and the town should change with it.

Ms. Shirley Pinto, a long time resident and business owner agreed with Ms. O’Keefe about the severity of the negative press. Ms. Pinto asked that council look at what other towns are doing about signage. “There are other ways of drawing attention to the town and businesses.”

Mr. Kyle Edwards, a previous council member and local business owner, supports chasing lights because Maggie Valley looks “like it is dead at night”. Mr. Edwards reminded council of the safety factor of having well lit areas.

Ms. Debra Malicka spoke from the floor stating that she had rather be known for being a honky-tonk town than the feuding Hatfield’s and McCoy’s. “People think I am closed because it is so dark. Nothing ventured- nothing gained. Ghost Town is closed and I am trying to survive.”

Manager Buffkin strongly encouraged residents to speak their feelings.

Mayor Pinter asked for a show of hands for people in favor and against. Approximately sixteen people were against the amendment and approximately eleven people were in favor. Mr. Massey reminded council of the petition with approximately one hundred fifty names.

Mr. Dennis Forsythe spoke from the audience stating that if something is not done, “you will be seeing signs for businesses closed.”

Mayor Pinter closed the public hearing at 6:29 p.m.

Alderman Aldridge suggested taking an actual poll, or doing a survey to get everyone’s input.

Mayor Pinter stated that getting input is the purpose of public hearings.

Mr. Massey again asked that council not pass it on to the people but to make a decision.

Alderman Aldridge felt that if input was not gathered from the public then why come to the meetings; “you could just stay home and e-mail your decision”.

Mr. Massey felt the people had spoken by signing the petition. The petition read:

We the undersigned, would like to have the town board of Maggie Valley, North Carolina, change the town ordinance to allow decorative moving lighting. We feel this will help our business owners to attract more business. It would also give our tourist guest a feeling of excitement when driving or walking our streets.

Mayor Pinter asked that Mr. Kevin Byrd, the planning director draft an amendment to the sign ordinance for review.

Alderman Taylor stated that the planning board had agonized over the sign ordinance for months. An amortization period became effective in an effort to remove the non-complying signs. Alderman Taylor felt it unfair to allow some signs to remain or be installed after other business owners have brought their signs into compliance or purchased new signs.

Alderman DeMeola, a previous planning board member, knows the dedication and hard work that goes into amending ordinances. Alderman DeMeola agreed council should wait until after the Strategic/Comprehensive Plan is reviewed before making a decision.

Mr. Zerbock felt that once business owners spend the money for new signage it will be difficult to fix the problem. One of the biggest complaints received during the strategic plan process was the appearance of the town. Mr. Zerbock assured council that flashing lights would not improve business.

Alderman Taylor reminded council that this is a “bottom up plan” that came from the people.

Alderman DeMeola applauded Mr. Massey for his efforts as a concerned citizen. Alderman DeMeola asked for Mr. Massey’s patience until the strategic plan is addressed. “Afterwards maybe there can be a compromise of some nature.”

Mr. Massey felt Dr. Cooper’s plan has nothing to do with it. Mr. Massey felt he had gone through the road blocks with the planning board and now it is time for council to make a decision.

Again Alderman DeMeola stressed that it would be in everyone’s best interest to take the study (strategic plan) into consideration. Alderman Aldridge agreed that we owe it to the taxpayers to look at the plan.

Mayor Pinter had concerns about increasing the size of signs.

Mr. Massey asked council to remember that the increase in size is for animation only.

Alderman DeMeola responded that the plan is not the “end all golden rule” but the plan and how it came about as a bottom-up plan gives council the opportunity to get a much more active pole.

Mayor Pinter directed staff to get copies of the plan out to all council members and have copies available for public review.

Council took a ten minute break returning to council chambers at 7:08 p.m.

Creekwood Village Sign

Ms. Michels asked to be taken off the agenda for this meeting.

Brannon Forest Annexation

The Mountaineer Newspaper reported that 100% of the residents in Brannon Forest are against annexation. This is not the case, there are some residents and property owners that understand the agreement made with the town and the agreement that the property owners signed at the time sewer taps were purchased. As stated by several homeowners in the audience, emotions run high when annexation is discussed. The homeowners further reported that they have no problem with Maggie Valley and have no vendetta.

Mr. Sebastyn provided a time line of events leading to the article in the newspaper. The residents feel that being annexed would not bring additional services to the area. The homeowners have contacted an attorney for representation. The residents contend that they paid for sewer taps and pay monthly sewer user fees therefore there is no reason to annex other than a strategy to collect tax dollars.

When parcels were resold, many of the second time buyers were not notified of an agreement with the town.

Manager Buffkin felt the agreement recorded or not still would stand in the courts. Manager Buffkin further stated that without sewer Brannon Forest would not be the development it is today. It was the developer and property owner’s responsibility to inform the buyer. As for trying to get tax dollars when Brannon Forest residents “pay more than their share” in sewer taps and users fees, the sewer fees go into the enterprise fund which is self-supporting and can only be used for sewer related expenses. Brannon Forest residents pay the same tap and sewer user fees as any other person outside the corporate limits.

Alderman Taylor agreed adding that the sewer use ordinance was revised and approved to require annexation prior to receiving sewer service. Other subdivisions have been required to meet the guidelines of the subdivision and sewer use ordinances. Brannon Forest should pay their fair share, the same as other subdivisions. If annexed, Brannon Forest would receive the same services as citizen currently within the corporate limits i.e. sewer service, police protection, street lighting, garbage collection, road maintenance. The town was acting in good faith by allowing the developer to have sewer service through an agreement. North Carolina Real Estate Laws require these issues be disclosed. The second time buyer should go back to the original property owner for relief.

The developer informed all first time buyers, but again it was stated that the second time buyer is being penalized and many of these residents live on a fixed income.

Alderman Aldridge felt a compromise could be found because he did not want to force annex anyone. Sewer rates could be increased to make it more equitable to people inside the corporate limits that do pay. Alderman Aldridge added that the article in the newspaper was premature and insulting. “We can’t let Brannon Forest slide and take advantage of other people.”

Again Alderman Taylor provided some history on how the previous board of aldermen entered an agreement with the Brannon Forest developers. Fisher Ridge and Crocket Meadows subdivisions are both being developed by the same people. The developer selected to annex Crockett Meadows and have city sewer while having septic systems in Fisher Ridge.

The Brannon Forest representatives continued to state that they were the exception. The representatives stated that they would take an active role in political affairs and press the utility commission to step in if sewer fees were increased. “There is a bill on annexation that would give people the right to vote to come into a city.”

Another option would be town council putting a moratorium on selling any additional sewer taps in the Brannon Forest area.

Public Works Director Mike Mehaffey again clarified that Brannon Forest residents are paying the same rates as any other person receiving service outside the corporate limits. Brannon Forest has community wells. Maggie Valley agreed to allow Brannon Forest to have sewer service without water service. The residents pay a flat rate for monthly sewer fees based on the number of bedrooms. The minimum is all they ever pay because there are not measures in place to calculate usage. In the beginning the town was going to require meters but because of the cost once again council attempted to help by allowing residents to pay the minimum. People inside town pay monthly fees and two to three dollars per 1,000 gallons over the 3000 gallon minimum.

Alderman Aldridge agreed trying to explain to the representatives that no one knows how much usage there is.

The sewer user fees and tap/impact fees would decrease if incorporated into Maggie Valley.

The representatives stressed that the residents of Brannon Forest will never agree to be annexed.

Mr. Bill Glance, owner of several lots and builder of several homes within the Brannon Forest Subdivision addressed council stating that he was not involved with the article in the Mountaineer. Mr. Glance is proud of Brannon Forest and has built fourteen homes within the subdivision adding that he knew about the agreement since “day one”. Mr. Glance also stated that he was amazed that people could sign documents and then not stand by their commitment. Mr. Glace expressed his love for Maggie Valley and resentment at the negative implication made by Brannon Forest residents.

There would have been 75% less homes in the subdivision today if city sewer were not provided.

Roger McElroy, a previous council member agreed adding that it was not the town’s fault that the second homeowner was not notified. “The residents should honor the agreement.” The town felt it their legal and environmental responsibility to provide sewer service.

It became apparent that the issue was not going to be resolved at this meeting. There were verbal exchanges in the audience over the issue.

Greenway Resolution

The Haywood Greenway Advisory Council is asking for support from the municipalities within the area. The Advisory Council is seeking additional grant funding for a project manager through the Pigeon River Fund. They are also requesting donations.

Alderman Aldridge made a motion to notify them that a donation would be considered next fiscal year.

Motion died for a lack of a second.

Mr. McElroy spoke from the floor asking council to try to find funds to make a donation. “You will get your money back ten times fold.”

Alderman DeMeola agreed inquiring about funds from contingency.

Mayor Pinter stated the funds could come from the Mayor’s salary.

Alderman Taylor was of the same opinion, adding that land was donated to the Town of Maggie Valley for greenways that includes a waterfall. “We need to get some work done in that area but we do not want to be portrayed as not being in favor of the joint effort.”

Alderman Aldridge asked that an explanation be included stating that council was not aware of the request when the budget was done.

Alderman DeMeola made a motion to approve the resolution and to make a donation of $100 and include a letter explaining that another donation would be addressed in the 05/06 budget.

Alderman Aldridge seconded the motion.

Motion carried unanimously.

Sign Ordinance Enforcement Update

Attorney Dickson had already left the meeting so he was not present for the discussion.

Manager Buffkin read a letter from Attorney Dickson suggesting that all notices be sent by registered mail to the president of each corporation and to all registered agents of each corporation (Stone Bridge Campground and Quality Inn).

Mr. Reese, owner and operator of the Quality Inn stood in the audience and stated that he would be going to court over the issue because he had rather spend $40,000 bringing visitors into town than to change his sign.

Alderman Aldridge felt the previous board made the ordinances, and then some came into compliance while others did not. Although Alderman Aldridge could understand both sides of the situation he felt all should be required to abide by the same laws.

Alderman DeMeola agreed adding that council has to act in the best interest of the town and the possibility of being sued remains either way.

Alderman Taylor made a motion to do as the attorney advised concerning the sign ordinance.

Alderman DeMeola seconded the motion, adding that he did not feel good about the situation but felt there were no alternatives.

Motion carried unanimously.

Summit Drive Property Development

Mr. Mehaffey addressed Council stating that the Public Works Department is in desperate need of a maintenance facility without delay. A facility built behind town hall is not an option because of grant funding received years ago designating the area as a playground forever.

Alderman DeMeola liked the idea of having the facility in the middle of town for easy access to both ends of the corporate limits.

Alderman Aldridge wanted to go look at the property.

Mr. Mehaffey informed council that the previous board asked for engineering which was completed by Bradshaw Engineering Firm which also includes the police department (in the same area). The site is prepared, DENR has given their approval, and erosion control plans are approved. Mr. Mehaffey went on to explain that the Enterprise (sewer) Fund can pay a portion of the cost because sewer equipment can be housed in the facility as well. There would be a savings in doing maintenance on the police vehicles in-house.

Alderman Aldridge stated that before a 2 x 4 was put on the property that all residents should receive services. “I want to see things of that nature taken care of first.”

Mayor Pinter explained that the maintenance department provides the services.

Chief Sutton explained that the police department often starts the trucks to warm while the public works employees are driving in to work. The salt truck freezes up causing the employees to have to unload the salt by hand, fix the truck, and reload before being able to begin snow removal.

Ms. Rubenacker that spoke earlier in the meeting is in the newly annexed area and the town is in the process of providing services.

Mayor Pinter asked that council vote to rescue Alderman Taylor from voting because she owns property directly beside the location being discussed.

Alderman Aldridge made a motion to excuse Alderman Taylor from the discussion.

Alderman DeMeola seconded the motion.

Motion carried.

Public Works must have a fenced area for equipment that could also be used by the Police Department as an impound lot. Having a storage area for Christmas decorations and equipment would save rent fees currently being paid by the town. Another savings would be having the ability to service vehicles especially during bad weather.

Chief Sutton added that a facility would provide both the police department and the public works department the opportunity to buy items in bulk.

Alderman DeMeola agreed adding that the facility would not jeopardize providing services.

Regarding services in Rich Cove; sewer has been extended up to Bluebird Lane and there have been some major road repairs completed. The town normally does not remove snow from gravel roads.

Mayor Pinter felt that having the proper tools and equipment and providing security and protection for the tools and equipment would help provide better service.

Mr. Mehaffey agreed stating that the town has a lot of money invested in equipment that is currently sitting out in the weather.

Speaking on esthetics, the facility will be buffered from US-19 and these metal buildings come in many different colors.

Manager Buffkin added that there is approximately ½ acre to the east of the proposed facility site that can be used for a picnic area close to a stream and a pond.

Ms. Pinto spoke from the floor informing council that the Wheels Through Time and the Carolina Nights buildings are both Morton Metal Buildings.

Alderman DeMeola had concerns about delaying the decision although he dislikes the price that comes along with the decision; inevitably the price will only continue to rise.

Chief Sutton stated that the town is giving money to other agencies to impound vehicles thus providing another savings if done in-house.

Manager Buffkin reported that the town would have to file application with the LGC for them to review the books thus taking and additional sixty to ninety days.

Ms. Lindia Massey spoke from the floor adding that the price will increase because of the hurricanes in Florida.

Alderman Aldridge directed the manager to start with the Local Government Commission and then come back with bids in writing in two weeks and to contact Ms. Rubenacker in Rich Cove with a time-frame for providing services.

Mr. Mehaffey reported that sewer is available to Ms. Rubenacker and garbage and police protection is already in place. The road like many others in town, does not meet town standards and normally we do not put salt on gravel.

Manager Buffkin concurred adding that the town does not go onto personal property.

Alderman Aldridge made a motion to authorize the bidding process and have the finance director get in touch with LGC.

Alderman DeMeola seconded the motion.

Motion carried.

Mayor Pinter asked for a motion to go into closed session to discuss a personnel matter. Alderman Aldridge did not feel comfortable going into closed session when the entire board was not present.

The town must continue to carry on with business if a quorum is present.

Alderman Taylor made a motion to enter closed session for the purpose of discussing a personnel matter.

Alderman DeMeola seconded the motion.

Motion carried.

Council entered closed session at 9:20 p.m.

Council came out of closed session with Alderman Aldridge making a motion to adjourn at 9:41 p.m.

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Jo Pinter, Mayor

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Vickie Best, CMC

Town Clerk