Town of
Regularly Scheduled Board of Aldermen Meeting
Minutes
Members Present: Mayor
Mark DeMeola
Colin Edwards
Phil Aldridge
Staff Present: Manager Tim Barth, Attorney
Others Present:
Approximately 15 people
Meeting Called to
Order
Mayor McElroy called the meeting to order at
Consent Agenda
a. Certificate of Sufficiency: Barbara Hage,
Resolution No. 06-66 Setting Date for a Public
Hearing: Annexation for Barbara Hage,
35 The Trail, Parcel #7697-51-2395,
(0.9801 acres):
b. Correction
and Approval of Minutes for
ALDERMAN DEMEOLA MADE A MOTION TO APPROVE THE CONSENT AGENDA AS
PRESENTED.
MOTION CARRIED UNANIMOUSLY.
Discussion
Concerning the Policy in Regard to Outdoor Sales
Manager Barth explained how the issue has evolved the last several months. Council has the option of limiting outdoor sales to the Festival Grounds or opening up outdoor sales to all for-profit entertainment facilities.
The Board adopted the following amendment
Section 1. Ordinance 350 Regulating Outdoor Sales be amended by adding section 14 which will read as follows:
(14) Any for profit entertainment and convention facilities must acquire a special events permit from the Town Board of Aldermen in order to have outdoor sales and be exempt from the provisions of this ordinance. A for profit entertainment and convention facility shall be defined as a facility in which the major activities are the provision of entertainment and convention.
A revised Special Events Permit was distributed in Council’s
agenda packet for review.
Alderman Price read a prepared statement explaining her
feelings on the issue. The Town went
into debt to purchase the Festival Grounds in an attempt to offset the loss of
tourism when Ghost Town closed. In this effort, it became very clear that
promoters renting the Festival Grounds do not want similar events with outdoor
sales competing for visitors during the same timeframe. The Town was then
threatened with a lawsuit if outdoor sales were not allowed. Manager Barth talked with an attorney from
the
ALDERMAN PRICE MADE A MOTION TO LEAVE THE OUTDOOR SALES AS AMENDED
REQUIRING A SPECIAL EVENTS PERMIT.
Alderman Edwards agreed with Alderman Price adding that if the Town is sued by Eaglenest Entertainment the taxpayers loose. Alderman Edwards stated that he would rather see outdoor sales gone but would be willing to work with everyone to a point.
Alderman DeMeola stated that it is against his better judgment as well. “It is not this Boards place to make or break a business. The situation reeks of a transparent plot.” Alderman DeMeola went on to thank everyone that has rented the Festival Grounds and hopes that no duplicate events happen again.
Mayor McElroy stated that if this procedure for outdoor sales goes wrong, the Board would take action to allow outdoor sales at the Festival Grounds only.
Alderman Aldridge stated that he has talked with several business owners and they felt it was not worth loosing a weekend of business to allow another business to have outdoor sales competing with a duplicate event. The Board is trying to do what is best for everyone but not to the extent of the Festival Grounds being threatened.
MOTION CARRIED UNANIMOUSLY.
Reconsideration of
a Resolution Allowing the ABC Board to set up a Capital Improvements Reserve
Fund.
A Resolution was previously passed regarding this issue but
the Resolution should be approved to be retroactive prior to
ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE MAKING THE PREVIOUSLY
ADOPTED RESOLUTION RETROACTIVE PRIOR TO JULY 1.
MOTION CARRIED UNANIMOUSLY.
Appearance of
Richard Frommeyer with American Legal Publishing Corporation to Speak About
Codification of the Town Ordinances
Mr. Frommeyer addressed Council explaining how the Codification process is done. American Legal Publishing Corporation acts as a subcontractor to the League of Municipalities. An attorney will review the ordinances and arrange them by subject matter. The legal review is based on State Law. The attorney will make any changes that he and his team of experts feel necessary. Sometimes the attorney may feel that a municipality may need additional ordinances for their protection. The Board will review the changes and have the opportunity to talk with the attorney. The ordinances will not be changed without Council approval. The League will retain a copy of the codify code of ordinances as well as American Legal Publishing Corporation. Annual updates will be provided for newly adopted ordinances.
Mr. Frommeyer felt from his research that the finished product would be approximately 300 pages. The cost of codification can be paid over two fiscal years.
Mr. Frommeyer discussed other available options such as putting the code of ordinances on the internet, Folio, and a search and retrieval program.
The funds have been allocated in the 2006/07 budget because Council felt it is a long overdue necessity. This will help the Town employees and the associated boards considerably for interpretation, search and retrieval, etc .
ALDERMAN ALDRIDGE MADE A MOTION TO AWARD THE CONTRACT TO THE LEAGUE OF
MUNICIPALITIES.
MOTION CARRIED UNANIMOUSLY.
Appearance of Ron
Smith, with Benchmark CMR inc. to Discuss Development of a Land-Use-Plan
Mr. Smith provided a history of the Benchmark Company based
out of
After Mr. Smith’s review, he felt that it would take approximately six to seven months to complete a Land-Use-Plan. This plan will build on Driving Miss Maggie. There will be meetings with representatives of the Planning Board, Citizens, and Council members. Mr. Smith will gather as much input as possible to complete the plan as a guide for the direction the Town wants to go. The plan will be geared to preserve but allow development. The estimated cost is $13,500.
Mr. Smith stated that one of the problems most noticeable to him was the pedestrian crosswalks. When Ghost Town reopens and traffic increases, the crosswalks will be dangerous.
Having a Land-Use-Plan helps with development and preservation as well as helping the Town obtain grant funding for future endeavors such as recreational projects.
ALDERMAN PRICE MADE A MOTION TO AWARD THE CONTRACT TO BENCHMARK INC.
FOR A LAND-USE-PLAN.
MOTION CARRIED UNANIMOUSLY.
Mayor McElroy asked that the project start before the winter months and before the seasonal residents leave.
Appearance of
Becky Veazy, with the MAPS Group, to Present the Final Report on Classification
and Pay Study and Update of the Personnel Policy.
Ms. Veazy provided a history of the MAPS Company established in 1983. Ms. Veazy went on to explain how the classification plan is done. Each job is classified by the duties, education required, etc. not by the person holding the position. Sometimes job titles must be updated to capture the essence of the position. The idea is to recruit and retain good employees. The cost of employee turnover is tremendous.
Each employee was required to complete a questionnaire and was individually interviewed.
Merit raises have become the trend to maintain good employees, especially once an employee has reached the maximum compensation for the position classification and additional duties have been added to the position.
Each Council member was given a policy manual with the job classification and suggested pay schedule for review. Ms. Veazy will be available to come back for a workshop after Council reviews the material.
Consideration of
putting up a sign at the Festival Grounds Regarding Certain Everyday Rules
Some of the suggested items to include on a sign are:
n No Soliciting
n Shoes and Shirt Required
n No Open Alcoholic Containers
n No Overnight Camping
n Park open from Dawn to Dusk Except During Events
■ Clean Up After Dogs (keep on leash if leash law adopted)
The only item added by Council was No open alcoholic containers except as authorized by ABC permit.
ALDERMAN ALDRIDGE MADE A MOTION TO APPROVE THE SIGN WITH THE WORDING
SUGGESTED.
MOTION CARRIED UNANIMOUSLY.
Alderman Aldridge asked that enough space be left at the bottom in the event that more rules need to be added at a later date.
Consideration of
Officially Adding Two Positions to the Town Police Department
One position will be paid by grant funding for the first year to include all equipment. The other position is to fill the vacancy left by one employee out on medical leave. The overtime cost of filling the shift with regular and auxiliary officers is over $900 per month.
Council felt the Town should be proactive especially since Ghost Town is reopening; more alcohol establishments are opening, and the anticipated residential growth.
ALDERMAN EDWARDS MADE A MOTION TO ADD AN OFFICER THROUGH THE GRANT FUNDING.
MOTION CARRIED UNANIMOUSLY.
ALDERMAN PRICE MADE A MOTION TO HIRE AN OFFICER TO FILL THE VACANCY FOR
THE OFFICER OUT ON WORKMEN’S COMPENSATION.
MOTION CARRIED UNANIMOUSLY.
Consideration of a
Grass Retaining Wall Versus a Keystone Block Retaining Wall for the Proposed
Maggie Valley I.C. Sutton Police Department Building Site
ALDERMAN EDWARDS MADE A MOTION TO TABLE THE ISSUE UNTIL ALL THE COUNCIL
MEMBERS CAN GO LOOK AT ONE OF THE GRASS WALLS.
MOTION CARRIED UNANIMOUSLY.
The grass walls are engineered and can go up to 40-feet in
height.
Manager’s Report
Manager Barth asked Public Works Director to give an update on the construction of the stage and waterfalls.
The landscaping will be installed around the waterfall next week. The 500-gallon per minute pump will be installed within the week. Clark & Leatherwood Construction installed the trusses for the stage. Shingles will be put on next week. Several ladies have put 60 gallons of paint on the boards for the outside of the stage this week. The goal for completion is October 10th.
Mayor McElroy serves on the TDA subcommittee created by the
The
Manager Barth asked that Council let him know as soon as
possible how many will be attending the League Convention October 15 through
the 17th in
THERE BEING NO FURTHER BUSINESS TO DISCUSS ON MOTION BY ALDERMAN
EDWARDS, CARRIED UNANIMOUSLY, THE MEETING ADJOURNED AT 5:25 P.M.
_______________________________
Mayor
_______________________________
Vickie Best, CMC, Town Clerk