Regularly Scheduled Board of Aldermen Meeting

1

Town of Maggie Valley

Regularly Scheduled Board of Aldermen Meeting

December 11, 2017

MINUTES

Members Present: Mayor Saralyn Price, Aldermen: Janet Banks, Mike Eveland, Clayton Davis and Phillip Wight

Staff Present: Manager Nathan Clark, Planner Ron Hancock, Chief Russ Gilliland, and Town Clerk Vickie Best

Staff Absent: Attorney Craig Justus and Public Works Director Mike Mehaffey

Others Present: Approximately eight people

1)Meeting Called to Order

Mayor Price called the meeting to order at 6:00 p.m. on Monday December 11, 2017 in the Maggie Valley Town Hall Boardroom.

2)Consent Agenda

1. Minutes to be Approved: November 8 (AS), November 8 (FG) & November 14, 2017
2. A/R Report
3. Tax Releases
4. Budget to Actual

ALDERMAN BANKS MADE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY.

3)Public Comment

Dave Angel, owner of Elevated Distillery, addressed Council asking that they vote for the “Brunch Bill” because it would be a business friendly motion. The Maggie Valley Country Club has reached out asking for the “Brunch Bill” to be passed so that they will be on a “level playing field” with other clubs and restaurants. The bill would encourage growth in the future. Mr. Angel has talked with two breweries about Maggie Valley. A brewery would be an asset to the business community.

Joy Hearn of 42 Fireside Drive stated that she was unable to attend the November 8 meeting due to her job; but had submitted a written complaint about the noise from the Festival Grounds. Ms. Hearn then played two examples of how the noise sounds from her cell phone.

As per the minutes from the Festival Grounds meeting, Ms. Hearn stated that she did not call Mr. Copeland at 2 p.m. but at 4 p.m. Ms. Hearn does not have central air conditioning and must leave her windows open during the summer. Because of the noise emanating from the Festival Grounds Ms. Hearn stated that she cannot enjoy her own home. “Do people have the right to have peace in their own home?” Ms. Hearn is opposed to the decibels that are allowed on the grounds; it is a nuisance to other neighbors too. Ms. Hearn added that she often works from home which includes Saturdays.

4)Public Hearing: Cox Annexation (PIN 7676-96-6563) 509 Campbell Creek Road

1. Public Hearing

Mayor Price opened the hearing at 6:16 p.m.

Without public comments, Mayor Price closed the hearing at 6:17 p.m.

b. Consideration of AnnexationOrdinance 861

This is a volunteer annexation as required when requesting municipal sewer service.

ORDINANCE NO. 861

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF MAGGIE VALLEY, NORTH CAROLINA

WHEREAS, the Board of Aldermen has been petitioned under G.S. 160A-31 to annex the area described below; and

WHEREAS, the Board of Aldermen has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and

WHEREAS, The Town Clerk has certified the sufficiency of the petition and a public hearing on the question of this annexation was held at the Maggie Valley Town Hall at 6:00 p.m. on December 11, 2017 after due notice by publication on November 29, 2017; and

WHEREAS, the Board of Aldermen finds that the petition meets the requirements of G.S. 160A-31;

NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of the Town of Maggie Valley, North Carolina that:

Section 1. By virtue of the authority granted by G. S. 160A-31, the following described territory is hereby annexed and made part of the Town of Maggie Valley as of December 11, 2017

The area proposed for annexation is described as follows:

Belonging to Rodney J Cox and wife, Judy A. Cox

509 Campbell Creek Road

Maggie Valley NC 28751

Deed Book and Page 937/1489-1491

7676-96-6563

Containing 1.26 Acres

Section 2. Upon and after December 11, 2017 the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Maggie Valley and shall be entitled to the same privileges and benefits as other parts of the Town of Maggie Valley. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.

Section 3. The Mayor of the Town of Maggie Valley shall cause to be recorded in the office of the Register of Deeds of Haywood County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Haywood County Board of Elections, as required by G.S. 163-288.1.

ALDERMAN DAVIS MADE A MOTION TO ADOPT ORDINANCE 861 ANNEXING 509 CAMPBELL CREEK ROAD. MOTION CARRIED UNANIMOUSLY.

5) Consideration of Ordinance 856: “Brunch Bill”

ORDINANCE NO. 856

An Ordinance to Allow the Sale of Alcoholic Beverages Before Noon on Sundays at Licensed Premises

WHEREAS, on June 29, 2017, the North Carolina General Assembly enacted Senate Bill 155, entitled “An Act to Make Various Changes to the Alcoholic Beverage Control Commission Laws”; and

WHEREAS, Section 4 of Ratified Senate Bill 155 authorizes city and county governments to adopt an ordinance to allow alcohol sales beginning at 10 am on Sundays; and

WHEREAS, Ratified Senate Bill 155 was signed into law by Governor Roy Cooper on the 30th day of June, 2017 and became effective on that date (Session Law 2017, Chapter 87); and

WHEREAS, by enacting Senate Bill 155, North Carolina joins 47 other States in allowing alcohol service before noon on Sunday; and

WHEREAS, Sunday morning alcohol service will allow the hospitality community and retail merchants in our county to meet the needs of their customers; and

WHEREAS, Sunday morning alcohol service will benefit the Town’s small business community, bring people into business districts earlier in the day, and generate increased tax revenues; and

WHEREAS, our Town has a diverse and growing population with different religious beliefs, each of which has various times and multiple days for worship;

NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of Maggie Valley, North Carolina that:

Section 1. Pursuant to the authority contained in G.S. 160A –75, the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages is allowed in the incorporated areas of Maggie Valley beginning at 10 A.M. on Sunday pursuant to the licensed premises’ permit issued under G.S 18B – 1001.

The surrounding areas took the following action on the “Brunch Bill”:

•Asheville: Yes

•Bryson City: No

•Canton: Yes

•Clyde: No action

•Franklin: Yes

•Hendersonville: Yes

•Mills River: Yes

•Sylva: Yes

•Waynesville: Yes

•Haywood County: no action

•Jackson County: October discussion

The issue has been brought to Council at the request of the Maggie Valley Chamber of Commerce, who believes adopting the brunch bill will serve as catalyst for economic development of new business and possibly provide a stimulant for existing businesses.

The Town has received thirty eight (38) support letters over the past month from business owners and residents. The Town has only received 1 letter of opposition from a community member.

Alderman Wight questioned if Mr. Angel had petitioned the County Commissioners for action on the “Brunch Bill”. Mr. Angel responded that in his prospective the commissioners have already shown support through their vote on the county as a whole, being able to sell beer and wine.

Because of her religious beliefs and being a retired Police Chief, Mayor Price stated that she would vote no, but has decided to vote in favor of the “Brunch Bill” because it appears that is what the majority of the people want and because she believes the additional two hours will not make that much of a difference in the big picture.

Alderman Wight wanted to place the item on the ballot in November 2018. “Let the people decide.”

In the beginning Alderman Eveland didn’t feel that Council even needed to discuss the “Brunch Bill” until the other municipalities within Haywood County took action. Now that Canton and Waynesville have taken action Maggie Valley should too. Maggie Valley does not need to be the face of a dying commercial district. Be it true or not, Council does not need to hinder the commercial district. The “Brunch Bill” is not about the bars, it is about economic development and the loss of future commercial opportunities.

Alderman Eveland reminded Council that Maggie Valley was the first municipality in Haywood County to get liquor by the drink.

For Alderman Banks, the bill promotes economic development and looks at the“Brunch Bill” as a possible “game changer” when trying to link economics with Buncombe County. “It is important to provide options.”

Alderman Davis stated that he respects democracy and the opinion of fellow Councilmembers but because of his personal beliefs he opposes the bill. Alderman Davis agreed that people can drink alcohol without issue, but what about the percentage that can’t stop at one drink due to predetermined genetics. Those issues bring tragedy to the person, families and to others.

ALDERMAN EVELAND MADE A MOTION TO ADOPT ORDINANCE 856 AN ORDINANCE TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAYS AT LICENSED PREMISES. MAYOR PRICE AND ALDERMAN BANKS VOTED IN THE AFFIRMATIVE. ALDERMEN DAVIS AND WIGHT OPPOSED. MOTION CARRIED BY MAJORITY.

Due to the bill not passing by super-majority, a second reading will be required. Ordinance 856 will be placed on the January 2018 agenda.

6)Consideration of Amended Text: Festival Grounds Rules & Procedures

Manager Clark explained that Senate Bill 155 is referred to as the “Brunch Bill” but the bill addresses alcohol sales issues other than alcohol sales on Sundays before noon. The Craft Distiller Industry benefited from several of the bill’s provision such as allowing them to increase direct retail sales of their product from one bottle per year to five bottles. The bill also allows craft distilleries to offer sample tastings of their products at special events/festivals.

Currently the Town of Maggie Valley prohibits the sale of distilled beverages, spirits and hard liquor at the Festival Grounds. Manager Clark recommended keeping the ban in place. Manager Clark went on to recommend the following text amendment to the Festival Grounds Rules and Procedures:

By Board Approval only, Craft Distilleries, in compliance with NCGS SL 2017-87 (SB155) may offer complimentary sample tastings of distilled beverages, spirits and hard liquor.

By adopting the above stated text amendment this allows the Board to continue to ban hard liquor sales at the Festival Grounds while allowing an emerging industry the opportunity to showcase their products in a highly regulated manner.

Alderman Eveland stated that this is huge step that NC is now allowing local governments to be more involved. The amount of liquor given at tastings is very limited. If Council votes this amendment down we are giving more opportunities to Gatlinburg (a neighboring tourist town). Furthermore passing this text amendment could benefit promoters, vendors, and distilleries.

ALDERMAN EVELAND MADE A MOTION TO APPROVE THE TEXT AMENDMENT TO THE FESTIVAL GROUNDS RULES AND REGULATIONS TO READ: BY BOARD APPROVAL ONLY, CRAFT DISTILLERIES, IN COMPLIANCE WITH NCGS SL 2017-87 (SB155) MAY OFFER COMPLIMENTARY SAMPLE TASTINGS OF DISTILLED BEVERAGES, SPIRITS AND HARD LIQUOR. MAYOR PRICE, ALDERMEN BANKS AND WIGHT VOTED IN THE AFFIRMATIVE. ALDERMAN DAVIS OPPOSED.

Motion passed by majority vote.

7)Consideration of Police Car Purchase

The FY 2017-2018 budget allocated $26,000 for the purchase of a new Dodge Charger (sedan) AWD.

This purchase will be a cash transaction-pay in full-no financing.The vehicle scheduled to be replaced is a 2010 Ford Explorer 4WD.

The Town received bids from Ken Wilson Ford, Taylor Ford and Waynesville Dodge

2018 Dodge Charger = $24,000

2018 Ford Explorer = $29,100 & $29,162

2018 Ford Taurus = $26,594 & $25,397

State Contract Price ranges from $25,092-$25,117

Recommendation is to purchase a 2018 Dodge Charger AWD (5.7 V8) from Waynesville Dodge for $24,000.

The 2010 Ford Explorer 4WD will be sold on Gov-Deals.

The Police Department is trying to keep a balance between SUVs and Dodge Chargers. The PD now has 6 SUVs and 4 Dodge Chargers.

ALDERMAN DAVIS MADE A MOTION TO APPROVE THE PURCHASE OF THE 2018 DODGE CHARGER FOR THE POLICE DEPARTMENT FOR $24,000. MOTION CARRIED UNANIMOUSLY.

8)Consideration of Resolution 17-6: Congressional Investment in National Parks

Mayor Price and Manager Clark met with Yaron Miller from Pew Charitable Foundation to discuss the positive economic and cultural influences that the Great Smoky Mountains National Park and the Blue Ridge Parkway National Park provide the Town of Maggie Valley.

The Pew Foundation is leading a bipartisan effort within Congress to help fully fund the National Parks System especially the “deferred maintenance funds”. Deferred maintenance is where NPS places items in the budget that need to be repaired or refurbished, but do not have the funding to do in the fiscal year. An example; the deferred road maintenance into Cataloochee Valley is $8.9 million.

The resolution asks Congress to fund the National Parks Service at a sustainable level. If the Town were to adopt the resolution Maggie Valley would join Asheville, Hendersonville and Flat Rock as supporters of the NPS.

BOARD OF ALDERMAN

OF THE

TOWN OF MAGGIE VALLEY

STATE OF NORTH CAROLINA

17-6

A RESOLUTION ENCOURAGING CONGRESS TO CREATE A RELIABLE, PREDICTABLE STREAM OF RESOURCES TO ADDRESS DEFERRED MAINTENANCE NEEDS IN AMERICA’S NATIONAL PARK SYSTEM.

WHEREAS, America’s National Park System is a living testament to our citizens valor, our nation’s hardships, our victories, and our traditions as Americans, and has been called "America’s Best Idea;” and

WHEREAS, the National Park System preserves the diversity, culture, and heritage of all Americans, and serves as a living classroom for future generations; and

WHEREAS, in 2016, the National Park Service celebrated its centennial, and currently manages more than 400 nationally significant sites and an invaluable collection of more than 75,000 natural and cultural assets that span 84 million acres across all 50 states, the District of Columbia, and several U.S. territories and insular areas; and

WHEREAS,North Carolina is home to ten national park units, including Cape Hatteras National Seashore, Moores Creek National Battlefield, Great Smoky Mountains National Park, and the Blue Ridge Parkway.

WHEREAS,the Town of Maggie Valley is a gateway community to both the Blue Ridge Parkway and Great Smoky Mountains National Park, and benefits from the tourism associated with visitors to these parks and the improved quality of place for residents; and

WHEREAS, the National Park Service’s mission is to “to conserve the scenery and the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations;” and

WHEREAS, in 2016, the National Park System had more than 331 million visits,including 11.3 million in Great Smoky Mountains National Park, and 15.2 million along the length of the Blue Ridge Parkway; and

WHEREAS, in 2016, National Park Service estimates indicate that park visitors spent more than $942 million in the local communities adjacent to Great Smoky Mountains National Park and $980 million in those along the Blue Ridge Parkway; and

WHEREAS, the National Park Service has the obligation to preserve our nation’s history; promote access to national parks for all citizens; stimulate revenue to sustain itself and nearby communities; educate the public about America’s natural, cultural and historical resources, and provide safe facilities and environs to enjoy these resources; and

WHEREAS, in 2016, the National Park Service estimated a deferred maintenance backlog of $11.3 billion, including $67 million in the North Carolina portion of the Great Smoky Mountains National Park and $261 million along the North Carolina section of the Blue Ridge Parkway, which consists of repairs to aging historical structures, trails, sewers, thousands of miles of roads, bridges, tunnels, and other vital infrastructure.

WHEREAS, it is the responsibility of Congress to maintain America’s national parks to ensure our natural places and our history is preserved and documented for future generations, and for the adjacent communities that rely on the direct and indirect economic benefits generated by visits to national park sites.

NOW, THEREFORE, BE IT RESOLVEDBY THE GOVERNING BODY OF THE TOWN OF MAGGIE VALLEY thatthe Town of Maggie Valley urges Congress to create a reliable, predictable stream of resources to address deferred maintenance needs in America’s National Park System, and to ensure that federal infrastructure initiatives include provisions to address park maintenance.

ALDERMAN BANKS MOVED TO PASS RESOLUTION 17-6 ENCOURAGING CONGRESS TO CREATE A RELIABLE, PREDICTABLE STREAM OF RESOURCES TO ADDRESS DEFERRED MAINTENANCE NEEDS IN AMERICA’S NATIONAL PARK SYSTEM. MOTION CARRIED UNANIMOUSLY.

9)Budget Amendments

1. Ordinance 862: Encumbrance

Budget Amendment 862: