Town of Maggie
Valley
Regularly
Scheduled Board of Aldermen Meeting
September 7, 2004
MINUTES
Members Present: Mayor Jo Pinter, Aldermen: Linda Taylor, Jim Higel, Mark DeMeola, and Phil Aldridge
Staff Present: Manager Scott Sutton and Town Clerk Vickie Best
Others Present: Approximately 30 people in attendance
Ms. Carol Burrell gave the invocation and led the audience in the pledge of allegiance.
Meeting
Called to Order
Mayor Pinter called the meeting to order at 1:32 p.m. on Tuesday September 7, 2004 in the Town Hall Boardroom.
Public Announcements
Mayor Pinter announced the events taking place in and around Maggie Valley.
Public Comment Period
Ms. Evelyn Lee addressed Council concerned about the maintenance of Rocky Top Road and how the citizens are being treated.
Ms. Shirley Pinto addressed
Council reporting her findings on the possible sale of the festival ground
property. See attachment entitled: September 7, 2004 Festival Grounds
Statement consisting of 7 pages.
Mr. Phillip Wight
addressed Council reading a letter from the Maggie Valley Area Lodging
Association supporting Chris Anthony, a local motorcycle rally promoter. See
attachment entitled: Support of Chris Anthony and Thunder in the Smokies Rally
consisting of one page.
Manager Buffkin responded that Mr. Anthony had not been mistreated by the staff. Mayor Pinter concurred adding that she had researched the facts and found that Mr. Anthony had been treated the same as any other promoter. The Gene Lummus Rally previously paid the town 20% of the beer sales as well as the full rental fee.
Consent Agenda
Approval or Correction of minutes: July 6, 2004
July 20, 2004
ALDERMAN TAYLOR
MADE A MOTION TO APPROVE THE MINUTES WITH CHANGES (typographical errors) NOTED.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Manager’s Report
The approximate cost to construct a 48’ by 90’ maintenance building is $79,830. The plumbing and the concrete slab will be finished by staff.
Extensive discussion pertaining to location and the fact that no allocations have been budgeted for fencing, landscaping and paving ensued. Several council members felt a public hearing should be conducted for input on locating the maintenance facility.
The previous Board of Aldermen approved the construction and location having only to decide on color.
Council directed Manager Buffkin to get a realtor to complete a comparison analysis of cost and location on the property.
ALDERMAN HIGEL
MADE A MOTION TO ADVERTISE FOR A PUBLIC HEARING FOR GETTING INPUT ON THE
MAINTENANCE FACILITY.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Flashing/ Chasing Lights
Mr. Byrd, the planning director addressed council stating that the proposed amendments actually affect two issues. Chasing lights are already permitted on buildings. Signs will not increase in size.
Chasing Lights- Shall be attached to the parameter of a
free standing or attached sign and must be limited to the sign board, not to
include support structures. Lights
shall not take any other shape than the parameter of the sign board and must be
included in the calculation of the allotted square footage. All chasing lights
must hold for four (4) seconds, then chase for no longer than four (4)
seconds. The illumination must not
impair vehicular traffic.
Council asked that Mr. Byrd define the allowed bulb size that can be used and to remove the wording “not to get attention” because signs are designed to get attention.
West End Project Presentation
Mr. Sam McCrary had booklets prepared for review by council and other interested parties.
There is no particular property chosen for the project but rather the plan should be viewed as a concept for moving Maggie Valley forward. The festival grounds are not a consideration because there is not enough acreage.
Several members in the audience were in favor of the project and felt it would be a positive move for Maggie Valley’s future.
Villa L’ Abri Discussion
Mr. Bill Galloway the president of the Villa L’ Abri Homeowners Association addressed council about the previous request made by Steve Hughes the developer of the subdivision above the Villa L’ Abri subdivision.
The town, in exchange for taking over maintenance of the sewer lift station was given the property and it was agreed that the area would remain common area for the greenway system. The area has the only waterfall in Maggie Valley. The rails, steps, and platform need repair.
Mr. Galloway informed council that the homeowners desire the area to remain as-is or improved; but that no trees be topped or cut.
For this reason, Council directed Manager Buffkin to contact the members of the previous greenways committee to see if they would be willing to serve again. The Public Works Department will be working to improve the area this fall. Haywood County Greenways Committee will be contacted to solicit their involvement in the project. The town will seek grant funding to make improvements and add amenities.
Board of Adjustment Appointments
Chairman Jay Ring and Board of Adjustment member Phillip Wight’s terms have expired.
Mr. Andy Taylor submitted his letter of resignation due to not having the necessary time available to do the research required because of the seriousness of the appointment.
Council agreed that Mr. Taylor’s letter of resignation brought up some very good points such as the seriousness of the position and the amount of time it takes to act on these issues.
ALDERMAN ALDRIDGE
MADE A MOTION TO ACCEPT MR. TAYLOR’S RESIGNATION ON THE ZONING BOARD OF
ADJUSTMENTS.
ALDERMAN DEMEOLA
SECONDED THE MOTION.
MOTION CARRIED.
Mr. Ring and Mr. Wight are willing to serve again. Mr. Ring took offense to Mr. Taylor’s resignation letter and other comments previously made about the Board of Adjustment members and their decisions i.e. Sonja Michels’ sign.
ALDERMAN TAYLOR
MADE A MOTION THAT BOARD APPOINTMENTS FOR ALL BOARDS BE REQUIRED TO INTERVIEW
THROUGH THE ALDERMEN.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Applications will be accepted through the Clerk’s office for the next two weeks then a date will be set for the interview process.
Request to Address Board- Wade Reece
Mr. Reece withdrew his request.
Creekwood Village Sign
The Board of Adjustment granted a variance for Ms. Michels to place a permanent directional sign in the right-of-way leading to her business.
Planning Board Chairman Ring stated that since the change of use on the property (to a festival ground), customers are getting confused trying to find the entrance to her rental cabins. The town created a hardship for Ms. Michels and her business.
There were concerns in relation to fairness and the other out- of- town businesses that would like a sign on US-19.
Looking for other alternatives, Alderman Higel made the following motion:
ALDERMAN HIGEL
MADE A MOTION TO HAVE A PUBLIC HEARING TO PROPOSE AMENDING THE SIGN ORDINANCE
TO ALLOW BUSINESSES WITHIN ONE-HALF MILE OF US-19 BE ALLOWED AN OFF-PREMISE
SIGN.
After further discussion, Alderman Higel withdrew the motion.
ALDERMAN HIGEL
MADE A MOTION TO SEND THE ISSUE TO THE PLANNING BOARD FOR REVIEW TO DETERMINE
THE WORDING FOR ALLOWING ALL OUT-OF-TOWN COMMERCIAL BUSINESSES WITH AN OFFICE
ON SITE WITHIN ONE HALF MILE OF THE CORPORATE LIMITS BE ALLOWED TO HAVE AN OFF-PREMISE SIGN WITH THE PROPERTY
OWNER’S APPROVAL.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
MOTION CARRIED.
Council further discussed the amortization period for illegal and non-conforming signs ending in 2006.
The previous board of aldermen purchased a directional banner for Mr. Michels to use during events/festivals only.
Alderman Taylor read Manager Buffkin’s memo to the board.
As you may be aware, the Board of Adjustment recently
approved a variance for Creekwood Village to place a 12 square foot
“directional” sign to help visitors locate the property. The Board of Adjustment also directed
Ms. Michels to seek permission from the Board of Aldermen to place the sign on
town owned property. In effect,
the Board of Adjustment said that it is okay for her to have the sign, but they
could not actually give her permission to locate it on town property.
I believe that the Board of Adjustment incorrectly
interpreted the ordinance in their assessment of the situation and that this
variance should not have been granted.
I have asked Kevin Byrd to review the situation with the Board and
present our options.
The Board of Adjustment members present at the meeting felt that an attorney being present at the meetings would be a great advantage.
There was dissension among the board members.
ALDERMAN HIGEL
MADE A MOTION TO ALLOW MS. MICHELS TO PUT THE DIRECTIONAL BANNER ON THE FENCE
TEMPORARILY DURING FESTIVALS AS LOCATED BEFORE, BUT THE BANNER MUST BE REMOVED
AT THE END OF THE FESTIVALS.
ALDERMAN ALDRIDGE
SECONDED THE MOTION.
ALDERMAN DEMEOLA
VOTED IN THE AFFIRMATIVE ADDING THAT THIS COULD HAVE MAJOR RAMIFICATIONS AND
THAT ALL ASPECTS SHOULD BE CONSIDERED.
ALDERMAN TAYLOR
VOTED IN OPPOSITION ADDING THAT SHE HAD RATHER SEE THE SIGN ON POLES THAN AN
ILLEGAL BANNER ON THE FENCE.
MOTION CARRIED BY
MAJORITY.
Alderman Taylor went on to inform council that Chris Anthony had complained about having the banner on the fence during festivals.
Council took a brief ten-minute break and returned to council chambers at 5:00 p.m.
Brannon Forest
Council discussed the different options available in an
effort to be equitable to all subdivisions being served by town sewer.
The sewer rates within Brannon Forest would have to increase by $65.63 per month to completely offset the loss from not annexing Brannon Forest. The North Carolina General Statutes read as follows: § 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. As long as it would be a satellite annexation, the Town must annex the entire subdivision at once. This will be very difficult to achieve.
After a lengthy discussion it was determined that the following options are available:
· Raise sewer user fees
· Place a moratorium on selling any additional taps to Brannon Forest
· Ask Legislators for special legislation.
· Pursue involuntary annexation
· Resident required to make a payment in lieu of annexation.
Council took no action.
Festival Grounds Proposal
A six member board will be appointed (three members by the town and three appointed by the Chamber of Commerce). The committee will be responsible for overseeing all aspects of the festival grounds to include directing the activities of a festival director, promotions, and raising funds through various activities. The committee will meet twice a month.
The town will get one-half of the rental fees for the grounds. The festival director will get one 12x12 foot booth, free of charge, at every event to sell items as a fund raiser, and hand out promotional materials, etc. The festival grounds will remain town property. The chamber will solicit sponsors for $1,000 per year to support the grounds.
Council discussed the proposal as well as other options. Alderman DeMeola felt the broader the coalition the better for all involved.
A festival director could be put in place with a computer and a telephone line to seek grants, festivals and track bookings.
Alderman Taylor felt the committee should be set up to meet state guidelines for a DMO/TDA in order to seek grant funding for promoting the festival grounds.
Council took no action.
On motion by Alderman Taylor, seconded by Alderman DeMeola, council went into closed session for the purpose of discussing a personnel issue at 6:50 p.m.
Council cam out of closed session and moved to adjourn at 7:08 p.m.
___________________________
Jo Pinter, Mayor
__________________________
Vickie Best, CMC
Town Clerk