Town of Maggie Valley

Regularly Scheduled Planning Board Meeting

May 4, 2005

MINUTES

Members Present: Chairman Pat Tilley, Brenda O’Keefe, Billy Brede and Richard Pierce

Staff Present: Planning Director Kevin Byrd and Town Clerk Vickie Best

Others Present: Alderman Linda Taylor, Mayor Jo Pinter, Ron DeSimone, Dan Massie, Phil Wight, and Jay Ring

Meeting Called to Order

Chairman Tilley called the meeting to order at 2:10 p.m. on May 4, 2005 in the Town Hall Boardroom.

Recommendation to Board of Aldermen: Zoning Board of Adjustments

Mr. Dan Massey spoke from the floor stating that the Aldermen are trying to take the pressure off them by getting the Planning Board involved. Mr. Massey felt the Aldermen would dissolve the Zoning Board and reinstate another one. The Planning Board already has a full schedule.

Mr. Ron DeSimone stated that he represents the Haywood County Building Association. Mr. DeSimone stated that politics were strongly involved and people with their own agendas. The Aldermen want to dissolve the Board of Adjustments because of a member being outspoken. The Home Builders desire both board to remain in place due to having a second line of defense before issues develop into lawsuits.

Ms. O’Keefe clarified that it was her understanding that the Aldermen were asking for a recommendation, any recommendation, not dissolution.

The discussion then led to the threat of a lawsuit against the town by the Zoning Board Chairman.

Mr. DeSimone responded that the entire situation has spiraled out of control because two people were appointed and then removed at an illegal meeting in which the public was not allowed to speak or see any documentation. Mr. DeSimone felt Council did not handle the issue in the light of day in an open manner.

Mr. Pierce referred to Section 1300, Article XIII in the Zoning Ordinance that establishes a Zoning Board of Adjustments. Mr. Pierce questioned Mayor Pinter and Alderman Taylor why the Board of Aldermen wanted the Planning Board to make the decision.

Chairman Tilley added that Alderman McElroy was a proponent in separating the boards in the beginning.

Mayor Pinter answered Mr. Pierce stating that she or Alderman Taylor did not make the decision.

Alderman Taylor added that the appointees were present at the board meeting when the appointments were made.

Mr. Brede responded that he did not think it was the Planning Board’s place to make judgment calls nor did he want to be put in that position.

The Planning Board moves the town forward in a positive direction while the Zoning Board of Adjustments makes the hard calls with variances, etc.

MS. O’KEEFE MADE A MOTION TO RECOMMEND THAT THE ZONING BOARD OF ADJUSTMENT AND PLANNING BOARD REMAIN SEPARATE BOARDS.

MR. BREDE SECONDED THE MOTION.

Mr. Pierce stated that he would like to see council get a recommendation of no recommendation. Chairman Tilley concurred.

Mr. Pierce asked that the motion be amended to say that the Planning Board does not want to be called upon to make these types of decisions.

Ms. O’Keefe restated her motion.

Because of wanting to have a unanimous vote, Mr. Brede made the following motion.

MR. BREDE AMENDED THE MOTION ADDING THAT THE PLANNING BOARD IS A NON-POLITICAL BOARD FOR GUIDING AND ASSISTING THAT BENEFITS THE TOWN IN THE PLANNING BOARD CAPACITY.

MS. O’KEEFE SECONDED THE MOTION.

MOTION CARRIED.

Mr. Ring thanked the board members for making the right decision adding that it is about what each board does for the citizens of the town. The Zoning Board of Adjustment and Planning Board should operate without politics involved.

Mayor Pinter stated that she was very proud of the Planning Board for how they handled the situation and the decision they made.

Other Business

Ms. O’Keefe stated that she was in favor of mixed uses. Maggie Valley should become more of a walk-able community.

Because of a lack of time, the by-laws, fee schedules, and review of subdivision amendments was tabled until the next meeting

There being no further business to discuss, the meeting adjourned at 3:02 p.m. on motion by Chairman Tilley.

Chairman Patricia Tilley Town Clerk Vickie Best, CMC