Town of Maggie
Valley
Regularly
Scheduled Board of Aldermen Meeting
August 3, 2004
MINUTES
Members Present: Mayor Jo Pinter Aldermen: Linda Taylor
Jim Higel
Mark DeMeola
Phil Aldridge
Staff Present: Manager Scott Buffkin, Chief Scott Sutton, Officers: Jeff Mackey, Jason Moody, Cabe Carver, Public Works Director Mike Mehaffey, Town Attorney Chuck Dickson and Town Clerk Vickie Best
Approximately 75 people were in attendance.
Meeting Called to Order
Mayor Pinter called the meeting to order at 1:38 p.m. on Tuesday August 3, 2004 in the Town Hall Boardroom.
Reverend Hal Finney gave the invocation and led the audience in the pledge of allegiance.
Consent Agenda
June 1, 2004
June 7, 2004
June 14, 2004
June 15, 2004
The following corrections are to be made to the June 15, 2004 minutes:
Page 2 last motion, corrected to read: ALDERMAN TAYLOR MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.
ALDERMAN ALDRIDGE SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
WITH CORRECTIONS NOTED, THE FOLLOWING MOTION WAS MADE.
ALDERMAN TAYLOR
MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
Manager’s Report
There was not a report.
Minimum Lot Size
Mayor Pinter informed Council that Planning Board Chairman Patricia Tilley asked to be removed from the agenda.
Commending the Planning Board on the presentation presented at the July 20, 2004 Council Meeting, Mayor Pinter asked that Aldermen Higel and Aldridge review the tape
Agenda Discussion
Council had originally asked that agendas be delivered one week prior to the meeting date. In the past agendas were delivered on Friday before the meeting on Tuesday. Problems have arisen from supplemental agendas having to be delivered on Friday due to issues coming up that need to be addressed. If the agenda delivery went back to Friday there would not be a need for as many agenda adjustments.
Alderman Higel and Aldridge disagree with the proposed change. Alderman Higel works late hours on the weekends and feels he would not have adequate time to review the material. Both Aldermen Higel and Aldridge felt that getting the agenda packet on Friday afternoon would not provide sufficient time to discuss the various issues with the citizens that could be affected.
Alderman DeMeola questioned who assembled the agenda packet and the length of time it takes to complete.
After the agenda is completed by the manager and mayor, the clerk and sometimes the administrative assistant assemble the packets. The police department than deliver the agenda packets to the mayor and aldermen. The department heads receive a copy in their mailboxes inside town hall. The news reporters are faxed an agenda the day the packets are delivered and pick up their agenda packets just before the meeting.
ALDERMAN HIGEL
MADE A MOTION TO CONTINUE TO HAVE THE AGENDA PACKETS DELIVERED ON TUESDAY ONE
WEEK BEFORE THE MEETING.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
ALDERMAN DEMEOLA
VOTED IN THE AFFIRMATIVE.
ALDERMAN TAYLOR
OPPOSED.
MAYOR PINTER
OPPOSED.
MOTION CARRIED BY
MAJORITY.
Festival Grounds Fence and Sign Financing
Manager Buffkin recommended financing the sign and fence for five years.
An amortization schedule for both the sign and the fence for five and ten year payoffs was provided for council review.
Sign: $40,000
5-Year payoff = $8,783.76 per year (monthly payments)
10- Year payoff = $4,921.56 per year (monthly payments)
Fence: $18,000
5 -Year payoff = $3,952.68 per year (monthly payments)
10 - Year payoff = $2,214.72 per year (monthly payments)
Alderman Higel questioned if financing the sign and fence were the best business decisions. The interest gained by holding the money is less than the rate of financing the projects.
Alderman Taylor did not want to put the town in the position of having to go into the fund balance in the event of an unforeseen need or emergency.
Alderman Higel thought the town had the cash on hand in the festival ground fund throughout the previous discussions.
Manager Buffkin explained there is no money in the festival fund; the money would come from the General Fund.
Alderman Higel felt it would still be better to pay for the sign and fence rather than financing them for five to ten years.
It was the consensus of the finance committee that the town should not go into the fund balance again.
Alderman DeMeola asked that more information be provided for council review.
Manager Buffkin will provide a report.
Other Business
Manager Buffkin informed council that the refrigerator purchased from the Federal Surplus has once again stopped working. New compressors have been installed a couple of times but now the refrigerator is in such bad shape that purchasing a new compressor would be a waste of time and money.
RESOLUTION
NO. 04-14
TOWN
OF MAGGIE VALLEY
RESOLUTION
AUTHORIZING PRIVATE SALE
OF
CERTAIN SURPLUS MUNICIPAL PROPERTY
WHEREAS, the Town Board of Aldermen of the Town of Maggie Valley desires to dispose of certain surplus property of the Town:
NOW, THEREFORE, BE IT RESOLVED by the Town Board of Aldermen of the Town of Maggie Valley that:
1. The following described personal property is hereby declared to be surplus to the needs of the Town:
a. Dillon Lilly 4 Door Commercial Refrigerator Model SJ-85, Serial Number 110703-67
2. The Town Manager is hereby authorized and directed to receive on behalf of the Town Board of Aldermen informal bids for the purchase of the property described above.
3. The Town reserves the right to reject any or all bids and decide not to sell the property at any time during this process.
4. The Town Manager, in accord with State law, shall cause a summary of this resolution to be published once in a newspaper having general circulation in the Town. After not less than ten (10) days from the date of publication, the Town Manager is authorized to sell the above-described property to the highest bidder.
Adopted by the Maggie Valley Town Board of Aldermen in regular session August 3, 2004.
ALDERMAN DEMEOLA
MADE A MOTION TO APPROVE RESOLUTION 04-14 DECLARING THE REFRIGERATOR SURPLUS
PROPERTY.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED
UNANIMOUSLY.
Public Comment Session
Mayor Pinter announced that the proposed retail shops to be located at the festival grounds, as mentioned in the Mountaineer newspaper and on WLOS TV is no longer a consideration.
Ms. Carol Burrell addressed council stating that she has filed a complaint with the city because of the overgrown lot and storage of cars located beside her motel. It is unsightly and Ms Burrell has had customers complain. If the ordinances were enforced, Ms. Burrell felt she would not be having these problems.
Manager Buffkin explained that he had attempted to contact the owners of the now closed Maggie Valley Pub on several occasions. The cars being stored on the property belong to Hogan’s Automotive. Manager Buffkin has attempted to contact Mr. Hogan and found that he was out of town and was not expected back for several weeks.
Ms. Burrell questioned when fees for being out of compliance began. “The town should benefit from me and my guest having to look at the mess.”
Ms. Sonja Michels addressed council asking about her directional sign. Ms. Michels stressed the fact that she was loosing money because customers cannot find her business. A couple of the aldermen had no problem with Ms. Michels’ putting up the directional banner during events. Ms. Michels tried to contact the mayor and other aldermen but was unsuccessful. After putting the banner back in place on the fence, the banner was removed and later found behind the police department. Ms. Michaels asked for help in eliminating the confusion with traffic during events on the festival grounds.
The directional banner was not approved by the entire board although the town paid for the banner.
By town ordinance, banners are not allowed to be used as a sign.
Ms. Michels also informed council that prior to the town installing the fence along the right-of-way two cars could pass; now that is not possible.
Mayor Pinter directed Ms. Michels to go before the Zoning Board of Adjustments and request a variance.
Ms. Marion Hammel, co-chair of the Centennial Committee addressed council commending the police and public works departments. The street dance was a success. The Taste of Haywood County has been canceled. Ms. Hammel went on to ask the board to support the out-house race taking place at town hall.
Mr. Derrick Cole addressed council stating that he is tired of hearing and reading bad things about Maggie Valley. Mr. Cole found it embarrassing to the residents and business owners adding that he endorsed “Jo, Phil, and Jim” and that in his opinion the people have spoken by their vote. “Put aside your differences and do your job with the best interest of Maggie Valley in your heart”.
Mr. Dan Massey stated that he was proud of the town and asked that they stop telling the newspaper about every little problem.
Mr. James Carver addressed the board stating that it was not the 3% bed tax that was the issue but rather the fact that the citizens were not told what was being discussed. Mr. Carver asked that the board run the town and let the chamber handle the festivals. “Tourist do not call town hall to make reservations.” Mr. Carver went on to address the space needs problem and the necessity to build a new ABC store and relocate the police department to the ABC building.
Alderman Higel questioned where Mr. Carver proposes the ABC store to be relocated.
Mr. Carver felt if the ABC store were moved farther down US-19 then they would get the Jonathan Creek traffic.
Mayor Pinter reminded Mr. Carver that the town council has no jurisdiction over the ABC Board and employees.
Mr. Carver had concerns about council’s attempt to get legislation changed to move from a three man board to a five man board as well as the town taking all of the ABC Store funds.
Mayor Pinter explained that it was not the consensus of the board to enlarge the ABC Board membership adding that the ABC Board was doing an excellent job.
Mr. Carver stated that the legislators will not approve an increase as discussed. When Mr. Carver addressed the recall vote for elected officials, Manager Buffkin explained that some changes can be made to a town charter through legislation but more research would be needed to answer Mr. Carver’s question.
The discussion then went to the proposed 3% bed tax. Alderman Taylor believes the town should be involved in tourism. The creation of a DMO would help provide the opportunity to seek grant funding. This would be the opening for Maggie Valley to take control of its own destiny. Alderman Taylor went on to explain talking to Jim Hobbs in Raleigh and the need for a resolution to be passed by unanimous vote. The goal was to get the authority to enact a bed tax. After getting the authority through Raleigh, public hearings would be set with the support of the lodging community, only if the entire board decided to act on the authority.
Alderman Higel explained that he felt the town board did not have the time to try to get festivals on the grounds. This problem was handed down from the previous board. In an effort to avoid using tax dollars, Alderman Higel felt that selling advertising spots on the sign could pay the cost of the sign. Business owners’ benefit from tourist and the residents should not be penalized. Residents already suffer from the traffic. The festival grounds need to be turned over to a tourism driven entity.
Alderman DeMeola did not agree one hundred percent but felt the general idea was there.
Alderman Aldridge wanted in-put from the people adding that a web site was developed in an effort to help the town better communicate with the citizens but the site creation has taken longer than expected and the public at large knows nothing about it.
Alderman DeMeola questioned when the next chamber meeting will be held and the possibility of the two boards talking.
Mr. Scott Nelson stating that he fully supports the festival grounds but the problem he has is people parking in the Cabbage Rose parking lot thus creating a problem for his customers. Vendors should be directed to enter from the back where Cabbage Rose allowed the use of the land. Mr. Nelson felt Ms. Michels should be allowed a sign because of the impact on her business.
Mr. Roger McElroy, a previous board member stated that the previous board set up a committee to run the festival grounds with the approval of the aldermen.
Mayor Pinter stated that the committee was not dissolved but rather put on hold. Manager Buffkin was directed to contact those members to see if they were still interested in serving. Manager Buffkin has not had time to make those calls because he has been busy “putting out fires” rather than getting things done.
Mr. Otis Sizemore asked if the chamber had expressed a desire to help run the festival grounds. Mr. Sizemore suggested getting an attorney to draft a proper lease for the festival grounds. As for leasing advertisements on the message board, Mr. Sizemore questioned if the town ordinance allows it. Mr. Sizemore encouraged the council members to go to TDA and demand their fair share of the funding because he felt the town would have a difficult time getting legislators to provide the authority for bed tax.
Ms. Sonja Michels, a member of the TDA Board stated that 58% of the tax money comes from Maggie Valley. The Maggie Valley CVB gets approximately $84,000 for advertising. Maggie Valley business owners have fought this issue for years. Ms. Michels also informed Council that the Chamber meets the second Thursday of each month at 3:00 p.m.
Mayor Pinter wanted the two boards to meet and brainstorm. A series of round table discussions would be needed to accomplish anything.
Ms Michels stated that there are fourteen members on her board and it is difficult to get them together.
Mayor Pinter asked that Ms. Michels find a convenient time for her board members and then set the meetings up with Manager Buffkin. The Town Council will be there if at all possible.
Ms. Michels asked that council consider sending out letters to the voters keeping them informed on major issues.
It would be a very expensive endeavor.
Alderman Taylor reminded council that a property owners list would differ from a voters list. Alderman Taylor added that the full 3% bed tax was never mentioned. Council discussed a one percent if given the authority and procedures were followed.
Regarding communication problems, Alderman DeMeola clarified that the web site would be an interactive site.
Ms. Judy Higel addressed council stating that so much energy is going into the festival grounds while questioning what services are being provided to the people who were forced annexed into the corporate limits.
Mayor Pinter stated that a plan would not be completed until winter.
Ms. Higel felt the very least the town could do is install streetlights. “That would be fairly inexpensive.”
Manager Buffkin stated that routinely street lights are installed upon request. The solid waste collection and police patrol was initiated immediately after annexation.
Additional funds were allocated for road maintenance.
Alderman Higel questioned if a public hearing could be conducted asking people if they want a street light.
Mayor Pinter asked that Manager Buffkin and Public Works Director Mike Mehaffey draft a plan for additional street lighting.
Ms. Amy Cole asked that council work with Ms. Michels if she accepts all events on the festival grounds, even Chris Anthony’s.
Mr. Cabe Decker, of Fie Top Road stated that he was sick of hearing about unity. Running on unity is a good way to get elected but a diverse board is needed. Mr. Decker felt that residents viewed the board as being against the town. The town should run the town and the chamber should run the chamber. The town needs to provide services to the annexed areas. Mr. Decker went on to say that the media should not be blamed for how the board is portrayed.
Mr. Jim Redmond stated his disbelief in all the time being wasted. Mr. Redmond does not want the chamber to run the festival grounds. There was a committee in place and the board ran them off. Mr. Redmond wanted lodging and chamber to equal. There are motels that are never mentioned when people call the chamber. The same six motels are recommended. The 3% bed tax will go no where. Placing signs on the festival grounds fence does not affect the highway. Mr. Redmond suggested the board hire a festival director and let the festivals pay his salary. The town and the chamber should do a better job of selling what the area has to offer. Mr. Redmond then questioned why an employee was fired for getting a DWI.
Mayor Pinter responded that she could not comment because she was not on the board when the incident happened.
Mr. Philip Wight agreed with Mr. Redmond about the chamber working for a very few businesses. The roads should be prioritized for maintenance. Mr. Wight also felt the town should get involved with the TDA. The chamber board has not changed much in the last ten years. There should be a watchdog looking after things. Mr. Wight felt the town needs an active visitor’s center rather than a chamber.
Mayor Pinter assured everyone that Chris Anthony is treated the same as anyone else. “The board gets flack both ways.”
Mr. Dan Massey addressed the audience stating that we must trust the council members. There are certain things that can’t be said because deals will fall through. The board can not take everyone’s two cents. From Mr. Massey’s experience sitting on the property development committee, he felt a festival committee should consist of five members not ten; if not nothing can get accomplished. Mr. Massey added that Manager Buffkin should advised council on what is legal.
Mayor Pinter responded that council does depend on the manager and attorney for legal advice.
Ms. Tammy Brown conveyed her love for the town and its people. Ms. Brown does not care who runs the festival grounds as long as someone is making “it” happen. Ms. Brown asked that council not micromanage things to death.
Mr. Wade Reece addressed council also reiterating his love and dedication to Maggie Valley. Mr. Reece has made over a two million dollar investment in Maggie Valley and feels strongly about his interest. Mr. Reece is against the 3% bed tax adding that the funds already in pocket need to be spent wisely. Alderman Taylor incorrectly told council that Maggie Valley will loose TDA funding. The Mayor and Mayor pro-tem should not have been in Raleigh giving plans for Ghost Town to Mr. Hobbs. “Don’t utilize town funds for that.” Mr. Reece accused council of having “their own agenda”. As for the fair grounds, money should be spent on getting people to come to Maggie Valley rather than a fence and sign. Mr. Reece felt that as far as sign regulations go “What is good for Eagle Nest Entertainment is good enough for the town.”
Alderman Taylor responded that her only agenda was to seek God’s guidance and would not apologize for being a Christian. Alderman Taylor informed Mr. Reece that if he continues to slander and encumber her job as an alderman, they would surly end up in court.
Mr. Reece also informed council that going into closed session to discuss the ABC Store employees is illegal.
Manager Buffkin reported that the closed sessions were to investigate an alleged criminal action.
The General Statutes allow several reasons for going into closed session.
Mr. Reece again advised the board to talk with the people and keep them informed.
There being no further business to come before the board, on motion by Alderman Taylor, seconded by Alderman DeMeola, the meeting adjourned at 4:45 p.m.
___________________________________
Jo Pinter, Mayor
_________________________
Vickie Best, CMC, Town Clerk