MINUTES
TOWN OF MAGGIE VALLEY
BOARD OF ALDERMAN
REGULAR MEETING
October 21, 1997
At 7:30 p.m. Ron Moser, Project Coordinator for Haywood Waterways Association and Gail Guy, Director of the Canton Papertown Association presented a video and talked about Greenways. Approximately 25 Chamber of Commerce and Civic Association members were present. The Mayor said that the Town Board supported a greenway system in Maggie Valley. Mr. Moser will be meeting with Mr. Matthews of October 28, 1997 to start the grant application process.
The meeting was called to order by Mayor Wallace in the meeting room of the Town Hall at 8:50 p.m.
MEMBERS PRESENT: Mayor Ralph O. Wallace, Aldermen Roger McElroy,
Al Pinto, Robert Thoresen and Ernie Ulmer.
STAFF PRESENT: Town Manager A. B. Matthews, Town Clerk Jill Holland,
Chief of Police Saralyn Price, and Attorney Charles K.
Dickson, III.
OTHERS PRESENT: Kathy Ross; Reporter from The Mountaineer,
Tracy Davis; Reporter from The Asheville Citizen,
And Citizens; Bud Sloan, Ed Jones, Alice Aumen,
Hazel Ulmer and Jan Pressley.
MINUTES:
MOTION WAS MADE BY ALDERMAN PINTO AND SECONDED
BY ALDERMAN MCELROY TO APPROVE THE FOLLOWING MINUTES AS PRESENTED. MOTION PASSED UNANIMOUSLY.
September 16, 1997 – Regular Meeting
SHUTTLE REQUEST: Bud Sloan, member of the Maggie Valley Lodging Association, asked the Town if they would support a shuttle service from Maggie Valley to the Casino, as well as to other sites. He said that a survey of about 50-60 motel owners showed that 85% were in favor of some financial support. He
October 21, 1997Page 2
asked if the Town could provide some financial assistance or assist them in getting some grant monies for this purpose. Mr. Sloan said Harrah’s Casino has been approached, and right now they do not plan to provide this service. He said that this was not a money making venture, but a service to keep guests in Maggie Valley.
Mr. Matthews said that grants available to municipalities typically covered service only to the municipal service area. As for the Town providing financial support there would be legalities, as well as public perception to conquer. He said that he was unaware of any grants available for the purposes stated, however the town could provide assistance such as guiding private enterprise with getting insurance, going through the Department of Revenue and things of this nature.
Attorney Dickson said that if the service was money making for the Town, it might be appropriate to provide this service, but there would be liability. He said he would probably not recommend it for a number of reasons.
The Board directed Mr. Matthews to respond to the Maggie Valley Lodging Association by writing that the Town would help guide those pursuing a shuttle business.
REQUEST TO ENCLOSE PAVILION: The Civic Association has requested to tack plywood up on the pavilion to protect it against the winter weather. Last year plastic was used but did not work well. Mayor Wallace suggested that a workshop be held on the Pavilion; to make some decisions on the finish work.
He said that at that time all of the problems with the Civic Association could be worked out once and for all.
Alderman Thoresen asked if they could go ahead and place the plywood, since it would be temporary.
Mr. Matthews responded that the Town should be concerned about what plywood would look like, and the public perception.
Mayor Wallace said there seems to be a misconception on who owns what; and this needed to be settled and all groups be friends.
October 21, 1997Page 3
ALDERMAN PINTO MOVED THAT A WORKSHOP BE HELD ON NOVEMBER 11, 1997 AT 7:30 PM. ALDERMAN ULMER
SECONDED AND ALL WERE IN FAVOR.
SUBDIVISION PLAT REVIEW – The Planning Board is finishing up on the proposed zoning and subdivision ordinances and would like to know how the Board wishes the subdivision plat review process be conducted. Mayor Wallace explained that the Code Enforcement Officer would initially review preliminary plans then the Planning Board. The Town Board may then approve the plats, or allow the Planning Board to report to them of any concerns or interests.
Mr. Matthews stated that technically there should be nothing wrong with the plans when they come to the Town Board since the Code Enforcement Officer and the Planning Board have reviewed them. If the Town Board also must approve the plats, the additional time could hinder the developer, however it is up to the Board on its’ wishes.
Attorney Dickson agreed that when the ordinance arrives to the Town Board, it should be in compliance with the Subdivision Ordinance if it is reviewed by the Planning Board; therefore there would be little need for review by the Town Board.
Jan Pressley suggested that the Planning Board advise the Town Board when a new subdivision, small or large, is in development for their knowledge. She added that the ordinance should be ready for Town review by the end of 1997.
Mr. Matthews said that the Code Enforcement Officer will inform the Board of development activities at the following meeting after a Planning Board decision has been made.
Attorney Dickson said that the Zoning Board of Adjustment enforces the ordinance with an appeal taking them to the Superior Court. The ordinance itself is decided by the Town Board. This insures that politics do not interfere with decisions.
THE BOARD DIRECTED THAT THE PLANNING BOARD WILL REVIEW AND APPROVE SUBDIVISION PLATS.
October 21, 1997Page 4
MUTUAL AID AGREEMENT – The Emergency Management Mutual Aid Agreement is a League co-sponsored document presented to every town in the State and covers emergency and disaster types of situations. It authorizes and is a mechanism for how Towns may call on other towns for manpower and resources.
ALDERMAN ULMER MOVED THAT THE TOWN ADOPT THE MUTUAL
AID AGREEMENT PROPOSED BY THE LEAGUE OF MUNICIPALITIES. ALDERMAN PINTO SECONDED AND ALL WERE IN FAVOR.
CELLULAR TOWER ORDINANCE – Haywood County is in the process of developing a comprehensive cellular tower ordinance. They have asked the Town to use their ordinance as a model or adopt it by reference.
SEWER FINANCING – Mr. Matthews explained that plans were to finance sewers for a four year term. The NC Local Government Commission requires that a resolution be adopted by the Board to approve application for this financing.
Ed Jones, Owner of Mountain Joy Cottages, said that his property was one of the few places inside the city limits which does not have sewer service. He said that the septic tanks built in the late 40s or 50s are beginning to fail. He said that the Board should take care of serving his property before planning any additional sewer extension. He said he was told by the Maggie Valley Sanitary District that he should not have to apply or pay for sewers. He said that Mr. Matthews was aware of Mountain Joy’s problems, and that he and Mr. Matthews have had discussions on it. He said that he should not have to beg for sewers; he needs sewers.
Mr. Matthews said that the proposed resolution was to pay for sewers already in the ground. Haywood County has agreed to help pay for the financing. He said that 700 ft. of sewerline does need to be installed on Setzer Cove Road. He said that this was one of the three projects in mind to install.
Mr. Jones demanded that he needed to know for definite because in the spring he would need to either install new septic systems or hook on to sewers. He said that he paid taxes for a drive through by the police once a month.
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Mr. Matthews stated that the owner during the initial construction of sewers did not wish to hook on to sewers, saying that the septic systems were fine. Setzer Cove Road was included in the original sewer system plans. He told Mr. Jones that a specific time frame could not be set, except by the Board.
Alderman McElroy said that a commitment should be made to provide sewer to Mr. Jones before next year’s season.
Mr. Jones said he would be willing to provide a backhoe for the sewer installation. He suggested this could be a way of seeing how much more inexpensive lines would be if the town owned a backhoe.
Mayor Wallace insured Mr. Jones that every effort would be made to provide his property with sewers as soon as possible especially since Setzer Cove Road is the only road in town without sewers.
Mayor Wallace said that the new part-time maintenance employee can operate equipment such as a backhoe and said that he would bring up later in the meeting, that a backhoe be purchased by the town. Currently the Town contracts with the Sanitary District for line installation. Mayor Wallace told Mr. Jones that he agreed with Alderman McElroy that sewers should be provided to his property as soon as possible.
ALDERMAN PINTO MOVED THAT THE FOLLOWING RESOLUTION BE ADOPTED AUTHORIZING THE TOWN TO APPLY FOR FINANCING ON THE SEWER EXTENSION DURING THE WIDENING OF HIGHWAY 19. ALDERMAN MCELROY SECONDED AND ALL WERE IN FAVOR.
RESOLUTION 10-97
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A-20
ABC BOARD APPOINTMENT: MCCRARY – Mayor Wallace read a letter from Bill Kimble, Manager of the ABC Store and Austin Pendley, Chairman of the ABC Board recommending Sam McCrary as member of the ABC Board.
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ALDERMAN PINTO MOVED THAT SAM MCCRARY BE APPOINTED AS MEMBER OF THE MAGGIE VALLEY ALCOHOLIC BEVERAGE CONTROL BOARD. ALDERMAN ULMER SECONDED AND ALL WERE IN FAVOR.
SEWER FINANCING: PUBLIC HEARING – Mr. Matthews explained that a public hearing should be set to receive and review proposals from financial institutions for financing of the sewers.
ALDERMAN ULMER MOVED THAT A PUBLIC HEARING BE SET ON NOVEMBER 18, 1997 AT 7:30 IN THE BOARD ROOM TO RECEIVE PROPOSALS ON THE SEWER FINANCING ON HWY 19. ALDERMAN PINTO SECONDED AND ALL WERE IN FAVOR.
CHIEF OF POLICE RECOGNITION: Mr. Wallace read a letter from Thunder Ridge commending Chief Price on how she controlled an incident there.
RECREATION GRANT: Mayor Wallace read a letter from the Maggie Valley Civic Association offering financial assistance on a piece of property adjacent to town property, as well as requesting the town’s approval for them to apply for a recreation grant. The grant application is due October 24, 1997.
Mayor Wallace said that it is uncertain if the property is actually for sale. The owner is to let the town know when she decides on a price. He said that the property would be an asset to the town for recreation efforts.
Alderman Thoresen said that he felt the owner was unwilling to deal with the town, but would deal with the Civic Association. He added that if the Civic Association was not interested the property would be turned over to a real estate.
Mayor Wallace said he did not think this so because the property owner had met with himself and Mr. Matthews.
Mr. Matthews said that the Civic Association should be answered in a very positive manner expressing that any contribution toward the property would be greatly appreciated. He said that the intended use of the property would be for recreation and any grant money that they could get would be of benefit.
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Alderman Pinto said he was concerned with the conflict in Mr. Thoresen’s impression and the Mayor’s impression on who the property owner wished to negotiate. He said that the town should be certain on who should negotiate with her.
THE BOARD DIRECTED MR. MATTHEWS TO WRITE THE CIVIC ASSOCIATION EXPRESSING APPRECIATION FOR FINANCIAL ASSISTANCE ON THE PROPERTY ACQUISITION IF AND WHEN THE PROPERTY IS REQUIRED.
NOISE COMPLAINT: A letter was received from a tourist from Greensboro. She wrote that she left Maggie Valley in the middle of the night due to noise from Thunder Ridge. She said she would not be back to Maggie Valley after spending vacation here for many years. She said she complained to Thunder Ridge and the Haywood County dispatcher who both told her the business closed at 2:00 am. She said there was noise past this time, and said that she did not understand a tourist town allowing business to stay open this late.
Chief Price said that management at Thunder Ridge had changed several times. Every time management changes, they have to be told to keep the garage doors closed. She said it was possible for noise to carry from Thunder Ridge to the Country Manner Motel where the tourist stayed.
Alderman Pinto suggested looking into having businesses close earlier due to noise complaints.
The Board directed Mr. Matthews to contact the ABC Commission and inquire if the Town can regulate operational hours.
NCLM: Mr. Matthews reported on the annual meeting in Raleigh. Attendance was close to 2,000. The NCLM convention provides an opportunity to talk and share information with other towns and to attend information workshops. Mr. Matthews said that he met the new secretary of Environment and Natural Resources. He wishes to work with municipalities as he re-vamps the department to provide a more cooperative department for towns to communicate.
Mayor Wallace said that the major subjects being talked about were greenways and recreation. He said that over the past year many people in Maggie Valley have approached him on the idea of a convention center. He said that a study could be conducted on this, and the City of Charlotte has offered their assistance
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on this study. The study would encompass the issues of need, size, target market, location, uses, who should be involved, etc. He asked the Board for their input. He also presented the following people for a fact-finding committee: Bob Henry, Tammy Brown, Sonja Michaels, Frank Brantley, Scott Nielson, Jeff Smith, Tom Knapko, Austin Pendley, Chuck Border, Ken Wilson and area town managers. Mayor Wallace said that he thought the town/county could use some kind of a convention center. He asked the Board for their permission to pursue this further.
Alderman Pinto said that the group mentioned consisted of people who would all be in favor of a convention center. He suggested more objective persons.
Mr. Matthews said that Boyd Cauble from Charlotte conducted the study for the Charlotte Convention and Visitor’s Bureau. The President and CEO, Sales Manager and the Manager of the CCVB are willing to help with the study.
Alderman Ulmer suggested a professional to do a feasibility study instead of the fact finding committee.
Mr. Matthews said this would be preliminary to hiring a professional.
Alderman Pinto said that Maggie Valley did not need conventions that would bring people on the weekends, but during off season. He suggested Ralph Boyes, a resident of Maggie who has played a role in setting up convention centers in Mobile, Ala., West Palm Beach have some input. He said that two major factors for a convention center is airport location and expense. He said that a private enterprise would have to want to locate here.
Mr. Matthews said that the only way the Town could afford it would be by bond referendum.
Alderman Thoresen said that a trend is to keep conventions at larger hotels where all activities take place on those grounds.
Alderman Ulmer suggested putting the committee together to come up with what they think Maggie Valley needs, then review it next year and if they feel it necessary, have a feasibility study conducted.
Alderman Pinto said that a private enterprise would have to be interested and a site would have to be available.
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EQUIPMENT ACQUISITION: Mayor Wallace commended Al and Dave on getting the sidewalk extension constructed. He said that additional sidewalks, and sewer extension were future projects and the town was in need of a backhoe. He also suggested that a salt spreader be purchased.
Mr. Matthews said that rental of a backhoe would only be $200 cheaper than lease purchasing. Therefore, it would be best to purchase. The monthly payment cost on a John Deere would be @ $950/mo. for five years. The purchase price is @$80,000. The governmental discount would bring the price to @ $58,000.
Alderman McElroy said that used equipment kept high residual value; a backhoe bought in 1989 would bring within $10,000 of purchase price.
Alderman Ulmer said that maintenance would be expensive after five years.
Alderman McElroy said with the discount a town gets, and the high residual value the town will probably want to trade after five years. He added that the backhoe could be used for snowpushing with the addition of chains.
Mr. Matthews said that with the sewer project and sidewalk project, the town will probably save enough money from contracting labor and equipment to buy the backhoe. He said that the State has already negotiated these terms, therefore the town would not have to go to bid. He added that the tractor we have is practically useless and will need replacing.